(a) No person shall, in the City, under circumstances constituting a first offense under West Virginia Code 60A-4-407, knowingly or intentionally possess fifteen grams or less of marihuana.
(b) Any person who pleads guilty to or is found guilty of a violation of subsection (a) hereof shall be placed on probation for a period of thirty days.
(c) Upon fulfillment of the terms and conditions of probation, the Municipal Court shall discharge the person and dismiss the proceedings against him. The effect of such dismissal and discharge shall be to restore such person in contemplation of law to the status he occupied prior to such arrest and trial. No person as to whom such dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing or otherwise giving a false statement by reason of his failure to disclose or acknowledge such arrest or trial in response to any inquiry made of him for any purpose. There may be only one discharge and dismissal under this section with respect to any person.
(d) After a period of not less than six months, which shall begin to run immediately upon the expiration of a term of probation imposed upon any person under this section, such person may apply to the Municipal Court for an order to expunge from all official records all recordation of his arrest, trial and conviction pursuant to this section. If the Municipal Judge determines that such person, during the period of such probation and during the period of time prior to his application to the Municipal Court under this section, has not been guilty of any serious or repeated violation of the conditions of such probation, he shall enter such order.
(e) The Judge shall assess court costs of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). (1970 Code Sec. 21-23.1)