Criminal convictions, citations and city code violations can impact hiring and admissions decisions, housing, leasing and rental options, your credit, your ability to get certain loans and more.
These offenses – and even charges that have been dismissed – can make the difference between getting the job that you want or enrolling in a program of your choosing.
You may have the right to expunge (seal) your criminal record, which would keep this information from being disclosed to potential employers.
Am I eligible for a criminal record expungement in West Virginia?
You must meet certain criteria to be eligible to expunge your record.
You may also wish to expunge or seal your record even if you were not convicted. If you were acquitted or the charges were dropped, these events can still be found on a background check.
What types of records can be expunged?
Most non-violent felonies and most misdemeanors are eligible for expungement in West Virginia.
Examples of expungeable events in West Virginia include:
- Being convicted of a non-violent felony offense, or offenses arising from the same transaction or series of transactions
- Possession with intent to distribute controlled substances
- Certain property crimes.
- Being convicted of a misdemeanor or multiple misdemeanors
- Drug Offenses
- Theft Crimes
- Traffic Offenses
- Being charged, but not convicted of DUI
- Having a DUI deferred and dismissed
- Having criminal charges that are dismissed outright
- Being acquitted of criminal charges (found not guilty).
There are a variety of felony and misdemeanor exclusions that may disqualify you from expungement, including convictions for DUI, domestic violence, and others.
You may only have one chance to expunge your criminal record. I have helped numerous of clients clear their criminal records in West Virginia, allowing them to move into the future with a clean slate.
Call me today to talk for free about sealing your criminal records.
Can I file for criminal record expungement on my own, or do I need an attorney?
The ability to clear your record is a highly valuable opportunity. It can allow you to pursue jobs, education and housing opportunities that were unavailable to you, giving you peace of mind and expanding your opportunities for the future.
People often ask me if they can complete the record expungement process on their own.
While it is definitely possible to expunge your own criminal record, it’s important to remember that you may only have one opportunity to do so. Your entire future may be impacted by the outcome.
It is critical to gather all the necessary information and to file all the proper paperwork correctly. It is also important to understand the nuances and technicalities of West Virginia’s expungement laws to ensure a successful outcome.
Every case is different, and you need to give yourself the best chance of success, which will be based on who you are, and your unique circumstances.
I have been helping individuals in Morgantown and across West Virginia reclaim their freedom and opportunities through successful criminal record expungement for over 15 years.
Common DIY mistakes when seeking Criminal Records Expungement in West Virginia
Expungement can be incredibly valuable, but it has to be done correctly.
Here are some of the most common mistakes that people make when seeking expungement:
1.) Not including all criminal convictions that you are seeking to expunge in your petition.
By law, you are only permitted to file one expungement petition for criminal convictions – you cannot return to Court at a later date and seek to expunge other convictions if you fail to include everything in your petition.
2.) Failing to follow-up with all agencies that have records in connection with your criminal case.
An expungement order will not be effective if a court or law enforcement agency does not certify that your records have been expunged, so proper follow-up is crucial.
3.) Failing to secure agreement from the opposing side.
Most judges will be inclined to grant an expungement petition if the Prosecuting Attorney and/or the City Attorney agrees to not oppose an expungement. Failing to secure such an agreement could be fatal to your expungement petition.
4.) Not hiring an experienced expungement lawyer.
An experienced expungement lawyer can assist in presenting the most persuasive expungement petition possible.
They will work to understand who you are, what steps you have taken to improve and rehabilitate yourself, and will communicate to the Court why your criminal record is deserving of expungement.
Failing to make a persuasive case will leave you with little recourse. You’ll want to hire a lawyer with the necessary experience to do the job correctly.
Under West Virginia law, when can I file for a criminal record expungement?
Whether you were convicted ofCriminal Charges, you were acquitted, or the charges were dismissed, a waiting period is required before you can file for a criminal record expungement
If charges were dismissed or you were found not guilty, you must wait 60 days before you can file for expungement of your records.
If you were convicted of a misdemeanor, you will have to wait for one year after your completion of any sentence of incarceration or probation, whichever is most recent.
If you were convicted of a felony, you must wait five years after the completion of any sentence of incarceration, probation or parole.
For criminal convictions, eligibility is based on when any jail or prison sentence was served and completed, and terms of probation or parole – whichever is the most recent.
There are also eligibility criteria depending on how many counts and the type of charges – misdemeanor or felony.
What is the difference between sealing and expunging a my record?
In West Virginia, an expungement results in a sealed record.
The record still exists, but your criminal record, and the public court records related to your case, are sealed and cannot be accessed without a court order.