Expungement in Weirton: Clearing Your Criminal Record

Expungement of Your Record

A criminal record may stop you from pursuing higher education, getting your dream job, or debar you from traveling abroad. Having criminal charges on your record can feel like a heavy burden that you carry around forever. Expungement is the legal process of sealing these criminal charges from your public record, providing you with a much-needed opportunity to start again. Once your record is officially expunged, you are recognized legally as an individual without any criminal history. Consequently, you do not need to disclose these past issues on applications made to potential employers, educational institutions, or landlords, allowing you to move ahead in life easily and confidently.

Misdemeanor Committed by People Aged 18-26 Years

If a misdemeanor offense was previously committed in West Virginia between the ages of 18 and 26, the individuals involved may get the charges completely expunged from their record. However, the law stipulates that the charges should not be for DUI or domestic violence, and there may not be any subsequent or prior convictions when filing the petition of expungement. Moreover, the petition needs to be meticulously filed within a year of the conviction and only after the full completion of probation. Consulting with a skilled Weirton criminal lawyer can help ensure that this petition is handled properly. Once the circuit court in Hancock County grants the expungement, it may look legally as if the conviction never even occurred.

DUI First Offense

If you are charged with a first-time DUI (DUI 1st offense), it is possible to have the offense expunged from your criminal record. This usually involves successfully completing a specific deferral program. A knowledgeable Weirton DUI attorney can guide you through this complex process. To have the offense expunged, certain strict steps must be followed:

• You must notify the court within 30 days of your arrest if you wish to participate in the DUI deferral program.
• The prosecuting attorney must approve of the plan.
• You must agree to a 15-day suspension of driving privileges.
• Following the 15-day suspension, an Ignition Interlock Device (IID) will be installed in your vehicle for 165 days (about 6 months).
• After successful completion of the IID deferral program, the charges will be dismissed.
• You will then be placed on probation for one year.
• Upon successful completion of probation, you may have the charge expunged from your criminal record, but not from your driving record.

Program Exclusions

It is important to note that not everyone is eligible for this leniency. An experienced Weirton criminal lawyer can help evaluate your circumstances, as you may not participate in the program if:

• You are charged with any other DUI offense other than DUI 1st.
• You’re charged with an aggravated DUI (BAC level greater than 0.15).
• Your driver’s license has been previously suspended for a DUI.
• You have a Commercial Driver’s License (CDL).

Simple Marijuana Possession

If you have a first drug offense on your record, specifically for simple marijuana possession, you may qualify for an expungement. Under those circumstances, you must complete a deferred sentence at first, and the case must be formally discharged or dismissed. You may apply to have the offense expunged after six months of the successful completion of probation. While a Weirton DUI attorney often handles alcohol-related offenses, defense attorneys are equally equipped to help you navigate these drug-related deferred sentences and expungement applications.

Contact Mountaineer Criminal Law Group in Weirton Today

Granting an expungement is a discretionary matter of the court. Several factors may force the court to deny the expungement. It may be as simple and naïve as the petition being filed incorrectly. So, make sure you avoid mistakes and hire a dedicated Weirton criminal lawyer to get the job done correctly and efficiently.

When your freedom is at a crossroads, choose a criminal defense attorney with the experience, skills, and commitment to make a difference. Call (304) 832-8350 or contact us online to schedule a consultation. With offices conveniently located in Weirton, West Virginia, Mountaineer Criminal Law Group is ready to represent you in different criminal matters.