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West Virginia record expungement

In West Virginia, before getting a criminal record enpunged, one must be aware of the many expungement laws so they can determine their eligibility to get their record expunged. W. Va. Code Section 61-11-25 deals with expungement where there was no conviction, W. Va. Code Section 61-11-26 deals with various criminal convictions, W. Va. Code Section 60A-4-407 deals with various drug convictions, W. Va. Code Sections 49-7-1 & 49-7-32 deals with sealing your criminal record, and lastly W. Va. Code Section 5-1-16a & W. Va. Const. Art. VII, Section 11 deals with pardons.

A person discharged and dismissed under W. Va. Code 61-11-25, the expungement motion be must filed at least 60 days after acquittal or dismissal of charges. A person discharged and dismissed under W. Va. Code 60A-4-407, may petition the court for an engungement six months after their legal rights are restored. Besides these cases, filing a motion to expunge might have to wait a few years depending on the severity of the conviction.

You can get the petition for expungement at the Clerk of Courts office in the county in which your offense occurred. When you file your petition for expungement, you must have certain pertinent information such as your current name and all other legal names or aliases by which you have been known, your DOB, social security number, your addresses since your offense, date of arrest and the arresting agency information, case number, what you were charged and convicted of, the courts punishment, and what kind of expungement is sought. You must also explain what steps you have taken towards personal rehabilitaion.

You must make many copies of the petition and any supporting documentation showing that you are rehabilitated. You must send the petition to the required agencies that might be affected by the case. This most likely includes the prosecuting attorney of the county of conviction; the chief of police in which the offense was committed; the superintendent or warden if you were ordered to do prison time; the municipal court which presided over your case; and any other state and local government agencies whose records may be affected if your criminal record is expunged.

The prosecutors office which had authority over the offense for which expungement is being sought after must be notified by first class mail the petition for expungement, with any associated documentation and any proposed expungement order. This ensures that any identified victims will be able to attend the hearing if they wish to do so. After the petition is served, you will be set a court date. Be prepared to answer any questions the judge might ask you. If you have fulfilled all the requirements for expungement, you should be able to have your records expunged that day by the presiding judge.

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