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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) 584-DUI1 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.

Client Reviews
"I had hired Mr Logue a few years ago for my gf at the time for charges she had gotten before i had met her for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her. My mistake to hire him for her but her blessing. I know she didn’t thank you enough so allow me to for her. Very highly recommend Mr. Logue.” A.C.
I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped for. Sean and his team worked hard for me. They're the best! Anonymous
After the salesmen told me my gun application "wouldn't be a problem," I was charged with an illegal attempt to posses a firearm. Sean Logue has a good relationship with the DA, but still pushed them to have a trial and I was found not guilty of the felony charge. Sean is a tough and smart lawyer who knows his way around the courtrooms. Anonymous
I am happy to be able to share this information with everyone. Mr. Logue gave attention to our problem immediately and resolved the issue for us quickly. He is an attorney who is respected, not just by us but the court system. I am thankful we found him, and would recommend him to anyone needing a great attorney to represent them. Anonymous
Mr Logue was the one I hired after talking to other attorneys about my case. He was the most knowledgeable and explained everything to me about his plan for me moving forward. He was always available to answer my questions and fought hard and got my charge dismissed!! Don't waste your time looking for anyone else to help you. Mr Logue did an amazing job and very professional! Anonymous