IN RE PERITO

No. 20-0325.

874 S.E.2d 241 (2022)

IN RE: Petition of Mario PERITO II for Expungement of Record

Supreme Court of Appeals of West Virginia.

Filed: April 15, 2022.

Dissenting Opinion of Justice Wooton April 22, 2022.


Attorney(s) appearing for the Case

Martin P. Sheehan, Esq. , Sheehan & Associates, PLLC, Wheeling, West Virginia, Counsel for Petitioner, Mario Perito, II.

Patrick Morrisey, Esq. , Attorney General, Scott E. Johnson, Esq. , Assistant Attorney General, Charleston, West Virginia, Counsel for Respondent, State of West Virginia.


Petitioner, Mario Perito, II ("Petitioner"), appeals the circuit court's March 5, 2020, order denying his petition for expungement. In 1992, Petitioner was convicted of two counts of malicious assault after a jury found that he struck a man with an automobile and shot the man with a firearm. Petitioner was pardoned in 1996 and...

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