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If your expungement is approved, you will have to pay a $100 fee to the West Virginia State Police. This fee cannot be waived, unless you file for expungement because you have participated in an approved Substance Abuse Treatment or have completed approved Adult Training Programs.

Seven years have passed since the conviction date. You were not convicted of any crime (excluding traffic infractions) anywhere in the U.S. during those seven years. If court records indicate the offense involved the use or dependence of alcohol or drugs, you must demonstrate your rehabilitation.

The fee for an expungement is $103.00 ($86.00 for filing the Petition, $5.00 paper submission fee and $12.00 for service by the Sheriff on the Commonwealth's Attorney). Payment may be made by cash, check or money order made payable to the ?Clerk of the Circuit Court?; or by credit card (Visa, MasterCard or Discover).

The most straight-forward answer is: forever. Regardless of whether you are only convicted of a first-time offense, such as possession of marijuana or reckless driving, these convictions will stay on your record forever. Virginia law makes no distinction between misdemeanors or felonies in this respect.

Under West Virginia Code §61-11-26, a person may petition the circuit court in the county where the conviction or convictions occurred. A person is eligible for expungement one (1) year after the conviction and completion of any sentence of incarceration and any period of supervision.

Crimes involving deadly weapons, explosives, domestic violence, sexual offenses and any type of child abuse are ineligible for expungement.