Serving the State of West Virginia

Expungement

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    Expungement in Morgantown

    Expungement of Your Record

    A criminal record can prevent you from pursuing higher education, securing your dream job, or traveling abroad. We can help you eliminate past criminal charges from your record, or get those records sealed so that you can move on with your life. Expungement refers to the process of sealing your criminal record. In a way, it offers a fresh start. Once a record has been expunged it can be like it never happened and need not be disclosed on applications to potential employers, landlords, etc.

    Misdemeanor Committed Between Ages 18-26

    If a misdemeanor offense was committed between the ages of 18 and 26, it may be possible to have it expunged from your record. The charge cannot involve domestic violence or DUI and there can be no prior or subsequent convictions at the time the petition for expungement is filed. The petition must be filed no sooner than one year after the conviction, following the completion of probation. If the circuit court grants the expungement, then it shall be as if the conviction never occurred.

    DUI First Offense

    If you are charged with a first time DUI 1st offense, it is possible to have the offense expunged from your criminal record by completing a deferral program. In order to have the offense expunged, certain 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

    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)
    • 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 time drug offense on your record, you may qualify for an expungement. You must first complete a deferred sentence and the case must be discharged or dismissed. Then, six months after successful completion of probation, you may apply to have the offense expunged.

    Don’t Delay, Contact Mountaineer Criminal Law Group in Morgantown Today

    Granting of an expungement is at the discretion of the court. There are a few factors that may cause the court to deny the expungement. It could be as simple as the petition being filed incorrectly. Make no mistake and hire an attorney who will get the job done right.

    When your freedom is on the line, choose a criminal defense attorney with the experience and dedication to make a difference. Call (304) 900-3391 or contact us online to schedule a consultation. With offices conveniently located in Morgantown, West Virginia, Mountaineer Criminal Law Group stands ready to represent you in your criminal matter.

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