Can I Get a Crime Expunged from My Criminal Record?
Crime expungement in West Virginia can restore a person’s criminal record for the future. In simple terms, expungements can wipe a person’s criminal record clean. The state of West Virginia only expunges certain crimes from a criminal record after going through a process. Many individuals aren’t familiar with the process of expungement, especially those with no prior offense. Do you know how to expunge crimes in West Virginia? Our team of knowledgeable lawyers can help.
This month, we will explain how crime expungement in West Virginia works. First, we will explain what charges are eligible for erasing in the state. Then, we will talk about the new laws recently passed in West Virginia. Finally, we will explain the process individuals must go through to expunge a crime. The attorneys at Summers & Associates are proud to educate our clients on eligible crime expungement in West Virginia.
Types of Crimes That Are Eligible for Expungement in West Virginia
Only certain state convictions are eligible for erasing, while all federal convictions are not. Figuring out whether your conviction qualifies for erasing can be complicated. Our team of attorneys can help get your crime expunged. To erase a non-violent felony, the crime must meet the following criteria:
- The offense does not involve serious bodily injury to anyone.
- The crime does not involve violence against another person.
- The offense is consistent and not otherwise excluded with the purposes of the expungement statute.
Specific crimes excluded from deletion include sexual offenses, animal cruelty, domestic violence, or any motor vehicle offense involving a CDL. If your conviction does not qualify, the only way to remove it is by getting an unconditional pardon. Even with a pardon, the court cannot expunge a criminal record for first-degree murder, treason, kidnapping, or sexual offenses.
New West Virginia Laws Allow Expungement for Certain Crimes
West Virginia is one of nearly 36 states that allow erasing of certain crimes from an individual’s criminal record. On June 7, 2019, the state changed expungement methods in the statute W.Va. Code § 61-11-26. The new laws now permit the erasing of certain felony convictions. They also loosened
Misdemeanor: A person convicted of one or more misdemeanor charges may petition the court for expungement. The individual may file the petition one year after the conviction or completion of a jail sentence. Courts cannot expunge convictions of domestic violence, DUI, or convictions of a minor in West Virginia.
Non-Violent Felony: Individuals convicted of non-violent felonies may file a petition for expungement five years after the incident. They can also file the petition after completing an incarceration or probation term. Felony crimes such as sexual assault on a minor, domestic abuse, or weapon-related offense are not eligible for erasing.
The Expungement Process In West Virginia
To get a crime expunged in the state of West Virginia, an individual must follow a process. People must file a petition in the circuit court of the county where the offense occurred. A verified filed petition for expungement must address the requirements stated in the statute W.Va. Code § 61-11-26(d). If the crime involved a victim, they will be provided notice and allowed to object. The court will summarily grant the petition within sixty days of filing. Once granted the petition, the law contemplates restoring that individual’s criminal record. We understand this process can be difficult to understand, but we are here to help. If you wish to erase a crime off your criminal record, speak with one of our attorneys today. Summers & Associates prides itself on educating their clients about state and federal laws and how to expunge a crime.
Summers & Associates, Offers First-Rate Criminal Defense Service
The compassionate attorneys at Summers & Associates have helped Ohio and West Virginia residents with criminal defense matters. We have many years of legal experience and believe that every case is important and unique. Summers & Associates prides itself on offering honest advice and high-quality representation. We use our expertise to fight for your rights and get you what you deserve. If you have been convicted of a crime and wish to have it expunged, we are the team you can trust.
Summers & Associates has developed an outstanding reputation throughout Parkersburg, WV, for providing top-notch criminal law services. With a convenient location on Dudley Avenue, we work with individuals and families throughout the Mountain State. Our law office has aided residents who require prompt and professional legal representation for crime expungement for many years. To learn more about our criminal defense service in West Virginia and Ohio, contact us.
For more on crime expungement in West Virginia, call Summers & Associates at (304) 420-0975. Our law office brings many years of legal experience to the office every day while proudly serving The Mountain State. Residents who wish to expunge crimes from their records always trust our team for the best possible service. Please feel free to like us on Facebook and keep in touch through email to learn more about our services. We pride ourselves on educating our customers about crime expungement in West Virginia.