Expungement is the official legal process through which the state seals records of criminal matters. People with arrests, charges and sometimes even convictions on their criminal records can ask the courts to expunge or seal their criminal records.
They can then theoretically pass background checks when seeking jobs or looking for rental housing. Only certain types of records are eligible for expungement, and even then, the petitioner must wait before they can request that the courts seal their records.
How long is the mandatory waiting period before a West Virginia expungement is an option?
Dismissed charges have the fastest expungement timeline
West Virginia’s expungement laws heavily favor those accused of crimes or arrested but never convicted. Those seeking to expunge the record of a prior charge usually need to wait 60 days after completing pretrial diversion programs or the requirements for deferred adjudication.
Those expunging convictions must wait longer than those expunging the records of unsuccessful charges. Individuals with a single non-violent misdemeanor on their record may need to wait a year after their conviction or the completion of any court-imposed sentence to apply for expungement.
Those hoping to expunge multiple misdemeanors must wait two years after their conviction or the completion of their court-imposed sentence. Eligible parties seeking to expunge a nonviolent felony record typically must wait five years.
Evaluating eligibility, submitting appropriate paperwork and presenting a case to the courts are all tasks that are easier to accomplish with the support of a criminal defense attorney. Those hoping to expunge a prior record likely need to consult with a legal professional to evaluate their options accordingly.