Clearing your criminal record, also known as expungement, can provide you with a fresh start by removing certain offenses from your public record. That means you may have an easier time finding a job or housing.
The expungement process is governed by specific laws and criteria regarding eligibility and the types of crimes that qualify. Here are more facts about expunging your record in West Virginia.
What crimes can be expunged?
Expungement is available for certain misdemeanor offenses and non-violent felonies. Misdemeanors generally qualify for expungement after a designated period has passed since the completion of the sentence.
Non-violent felonies may also be eligible, provided specific conditions are met, such as completing all terms of the sentence and a waiting period.
Who is eligible?
Eligibility for expungement depends on several factors. Meeting these criteria means you may qualify for expungement.
- You were acquitted
- Your charges were dismissed
- You completed a pretrial diversion program
- You were arrested (marking your record) but not charged
- You were pardoned for your offenses
It is important to note that eligibility can vary based on the nature of the offense and your criminal history.
What crimes do not qualify?
Certain crimes are explicitly excluded, including violent felonies and offenses involving the use of a deadly weapon. Additionally, any crime that resulted in serious bodily injury or death is ineligible for expungement. The law aims to balance the opportunity for rehabilitation with public safety concerns.
If you are ready to clean the slate and start a new chapter, speak with someone who understands how expungement works. A legal representative can help you meet the eligibility requirements and guide you through each step of the process.