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Expungement in Martinsburg
Expungement of Your Record
A criminal record may stop you from pursuing higher education, getting your dream job, or debar you from traveling abroad. Our Martinsburg Criminal Lawyer can eliminate the criminal charges from your record and seal them so that you can move ahead in life easily. Expungement is the process of sealing criminal charges from your record and provides you with an opportunity to start again. Once your record is expunged, you are shown as an individual without any criminal record. So, you need not disclose it on applications made to potential employers or landlords.
Misdemeanor Committed by people aged 18-26 years
If a misdemeanor offense was previously committed between the ages of 18 and 26, the victims may get the charges expunged from the record. However, the charges should not be DUI or domestic violence and there may not be subsequent or prior convictions when filing the petition of expungement. Moreover, the petition needs to be filed within a year of the conviction and after the completion of probation. Once the circuit court grants the expungement, it may look like 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 by our Martinsburg DUI lawyer. 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 drug offense on your record, you may qualify for an expungement. Under those circumstances, you must complete a deferred sentence at first and the case must be discharged or dismissed. You may apply to have the offense expunged after six months of the successful completion of probation.
Contact Mountaineer Criminal Law Group in Martinsburg Today Without Delay
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 Martinsburg criminal lawyer to get the job done correctly.
When your freedom is at a crossroads, choose a criminal defense attorney with the experience, skills, and commitment to make a difference. Call (304) 381-3656 or contact us online to schedule a consultation. With offices conveniently located in Martinsburg, West Virginia, Mountaineer Criminal Law Group is ready to represent you in different criminal matters.
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