The other form is for felonies. You should carefully read the instructions. After you file, these documents must be served on many people. This is an important step. The forms should list the people that need to be served. These people include:. Criminal convictions : Yes.
If you cannot afford the filing fee, you can apply for a Fee Waiver. If you do not qualify for a Fee Waiver, you may also have to pay money to serve the paperwork on the people and entities listed above. This fee cannot be waived, unless you file for expungement because you have participated in an approved Substance Abuse Treatment or have completed approved Adult Training Programs. Information about the approved programs is available on the West Virginia Supreme Court website. Also, if you still owe fees, fines, and restitution, related to your criminal case, the Court may consider that in deciding whether you should be granted an expungement.
If you can, you should try to pay all fees, fines, and restitution before filing for expungement. After you file, and everyone has been served, the Prosecuting Attorney serves the Petition on any identified victim. The Prosecuting Attorney, victim or other interested person can file a Notice of Opposition within 30 days. You will get a copy of a Notice of Opposition if it is filed. You will have 30 days to file a reply to the Notice of Opposition. Because the Circuit Court can dismiss the case without a hearing, it is very important to make sure that you are eligible before you file and that you have all the needed information filed with your petition.
Based on how the law is currently written, you will likely only get one chance to file for expungement.
Multiple misdemeanor convictions may be eligible for expungement. If you have multiple misdemeanor convictions in different circuit courts, you will need to file to expunge each conviction in the circuit court of the county in which the offense occurred. Each state has its own laws on expungement. You can only expunge records in the state where the charge or conviction took place. The information given here only applies to West Virginia. Also, this information does not apply to federal charges or convictions.
All court and law enforcement records related to the criminal issue are sealed from public view. After the expungement is granted, the closed files can only be opened in limited situations. But you should know that expungement only affects records relating to law enforcement, courts, and other similar agency records. Other records like, news articles or online pictures, may still be available.
In general, you do not have to disclose an expungement on an employment, credit, or other application.
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But there are exceptions:. Also, even expunged records will be available to some employers for some jobs. For example, your convictions, even if sealed, may disqualify you from a job working with children, older persons, or developmentally disabled persons. Again, expungement only affects records relating to law enforcement, courts, and other similar agency records. Other records like, news articles or pictures, may still be available.
If you have questions about what to write on an application or what an employer may be able to see, you may want to talk to a lawyer. Expungement can be a difficult process, especially when you want to expunge a conviction. You may want to consult with a lawyer about your eligibility for expungement.
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You may have a lawyer represent you during the expungement process. You may also represent yourself. Domestic Violence. Public Benefits.
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What is an expungement? Usually people ask for expungement to help them get a job or housing. The rules are different depending on whether you want to remove: Criminal charges dismissed charges or found not guilty after a trial ; OR Criminal convictions found guilty after a trial or signed a guilty plea. This FAQ addresses both kinds of expungement. Criminal Charges : You may be eligible for expungement of criminal charges if: You do not have a previous felony conviction; and You do not have any pending charges against you.
You must wait a certain amount of time before asking for an expungement. Single misdemeanor - 1 year after conviction, completion of any sentence of incarceration, or completion of period of supervision whichever is later in time.
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Multiple misdemeanors - 2 years after conviction, completion of any sentence of incarceration, or completion of period of supervision whichever is later in time. Multiple Misdemeanors: 1 year after the last conviction, completion of any in completion of any sentence of incarceration, or completion of period of supervision whichever is later in time.
Criminal Charges : As mentioned earlier, you are eligible if you do not have a previous felony conviction; and the charges against you were not dismissed because you pled guilty as part of a plea deal; or you were found guilty because of mental illness or addiction. These people include: The Superintendent of the State Police ; The Prosecuting Attorney of the county of conviction; The Head of Police of a municipal police department where the offense was committed; The Chief Law Enforcement Office of other county or city agencies that participated in the arrest; The superintendent or warden of the jail or prison where you were confined; and The circuit court, magistrate court or municipal court where your case was handled.
Criminal charges : No, there is not a filing fee or cost for filing. Within 60 days of filing the expungement, the Circuit Court must either: Grant the petition; OR Set the case for a hearing; OR Dismiss the petition if the court determines the petition does not have all the necessary information or that the person who filed is not entitled to expungement. You may be able to file to expunge multiple convictions depending on your situation.
Due to issues relating to the conversion of existing data, the latest or most complete information may not always be available. The sentencing information herein contained is not intended for the purposes of reflecting the events of the underlying criminal action. Reference should be made to the records of any court having jurisdiction over the offender. Any person, agency or entity, public or private, who reuses, publishes or communicates the information available from this server shall be solely liable and responsible for any claim or cause of action based upon or alleging an improper or inaccurate disclosure arising from such reuse, re-publication or communication, including but not limited to actions for defamation and invasion of privacy.
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