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West Virginia Petition for Expungement of Criminal Records

State:
West Virginia
Control #:
WV-EXPCRI-02
Format:
PDF
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Description

This form includes instructions, a petition for expungement, verification, and certificate of service.
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  • Preview West Virginia Petition for Expungement of Criminal Records
  • Preview West Virginia Petition for Expungement of Criminal Records
  • Preview West Virginia Petition for Expungement of Criminal Records
  • Preview West Virginia Petition for Expungement of Criminal Records
  • Preview West Virginia Petition for Expungement of Criminal Records
  • Preview West Virginia Petition for Expungement of Criminal Records
  • Preview West Virginia Petition for Expungement of Criminal Records
  • Preview West Virginia Petition for Expungement of Criminal Records

How to fill out West Virginia Petition For Expungement Of Criminal Records?

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FAQ

In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a person's criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person's expunged record.

Under West Virginia Code §61-11-26, only non-violent felony convictions may be expunged. An individual may petition the Court five (5) years after the completion of any sentence of incarceration and completion of supervision in the circuit court in the county where the conviction or convictions occurred.

Non-Violent Felony: 3 years after the conviction, completion of any incompletion of any sentence of incarceration, or completion of period of supervision (whichever is later in time).

A person seeking to have an arrest or criminal conviction expunged from their record must usually fill out an application or petition, and submit the paperwork to the proper criminal court for a judge's review and decision. In most jurisdictions, a fee must be paid in conjunction with the filing of the application.

Expungement vs. Record Sealing. The key difference between expunging a person's criminal record and sealing it is that a sealed record still exists in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred.

Online expungement is only available through Maryland expungement.com and not offered by a State or government website. This legal expungement service is particularly convenient for individuals who don't want to have to travel to the courthouse, obtain all the paperwork, drive home.

The letter must state the case and explain the changes that the person made in their life to correct their actions. Examples of life changes are helping others and not getting arrested again.

Always begin the letter with a formal greeting, such as "Dear Judge...", before composing the rest of the letter. Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged.

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West Virginia Petition for Expungement of Criminal Records