WILLIAMSON — A Mingo Circuit judge ordered a case to stay open until a petition for expungement is filed, after both parties have come to an agreement.
Circuit Judge Miki J. Thompson wrote that at an April 25 hearing on a petition for review of revocation of license, both parties informed him of a resolution, according to the June 7 order.
The Mingo County Sheriff’s Department does not dispute that the criminal charges formerly pending against George R. White had been dismissed at the time of the revocation of his license to carry a concealed weapon.
“According to Respondent Mingo County Sheriff’s Department, the issue was that the 2014 dismissal of criminal charges against Petitioner George White were not expunged from the West Virginia State Police’s database,” the order states. “As such, Respondent…asserted that it was required to revoke the permit until the criminal charges against Petitioner…were expunged from his record.”
The parties agreed that a petition to expunge the criminal records needed to be filed and that White would pay the $220 filing and processing fees.
“The Court finds that the agreement of the parties is in good faith,” Thompson wrote. “Respondent…hereby is released and forever discharged from any present or future liability regarding this matter.”
In March, White filed a petition for review of revocation of license in Mingo Circuit Court, arguing that he met the requirement to obtain a license to carry a concealed weapon, but his 2018 license was revoked.
White claimed his wrongful incarceration was well documented and known to the sheriff’s department.
White claims the respondent knew or should have known that he was entitled to exercise his constitutional right to keep and bear arms, which includes a license to carry a concealed weapon.
White is represented by David R. Barney Jr. of Thompson Barney.
Mingo Circuit Court Case number: 19-C-30