West Virginia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

If a convicted felon seeks to restore gun ownership rights, the court must find them competent, as well as capable, of exercising those rights responsibly.

Records cannot be expunged, even with a pardon, for first degree murder, treason, kidnapping, or sexual offenses. W. Va. Code § 5-1-16A(e).

Someone can always be charged with murder, for example, no matter how many years have passed since the crime occurred. While this is standard throughout the country, in West Virginia, there is no statute of limitations for any felony whatsoever. You can always be charged with this crime.

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.

A criminal record is permanent unless it is legally removed through an expungement or pardon. Once an entry is made on a person's criminal record, that entry will stay on their official criminal record forever unless legal steps are taken to remove it.

Criminal Convictions: You may be eligible for expungement of your conviction if it involves a misdemeanor, multiple misdemeanors, a nonviolent felony, or a series of connected nonviolent felonies.

Under current Virginia law, the court will only seal your criminal records if: (1) you were acquitted; (2) the government decided not to prosecute you; (3) the charges against you were dismissed without evidence sufficient for a finding of guilty; or (4) the crime was committed by someone using your identity.

West Virginia is one of several states with a so-called ?second chance? law. It lets people with a felony criminal record appeal to a judge to reduce their charge to a misdemeanor.

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West Virginia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed