Add Comments Legal West Virginia Expungement Forms For Free

How long does the process take? Under Virginia's current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer.

In 2021, Virginia enacted legislation that allows criminal convictions to be sealed from public view. This is different than expungement because expungement is only for non-convictions (acquittals and dismissed charges).

Subject to the provisions of subsection C, any conviction listed under subsection A shall be ordered to be automatically sealed if seven years have passed since the date of the conviction and the person convicted of such offense has not been convicted of violating any law of the Commonwealth that requires a report to ...

Under Virginia's current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer. Because the new law includes automatic sealing, some records will be sealed on a monthly basis, as soon as they become eligible.

— A person is not eligible for expungement of a nonviolent felony pursuant to subdivision (2), subsection (a) of this section until five years after conviction, completion of any sentence of incarceration, or completion of any period of supervision, whichever is later in time.

The court must, within 60 days, either grant the expungement, schedule a hearing, or dismiss your petition because it is incomplete or you are not eligible. Under current West Virginia law, you get only one chance to file for expungement.

Section 61-7-7(f) provides that a person dispossessed by virtue of a felony conviction may petition the circuit court of the county in which they reside to regain the ability to possess a firearm “if the court finds by clear and convincing evidence that the person is competent and capable of exercising the ...

I respectfully request that the court use its discretion to expunge my misdemeanor conviction and grant me a second chance to work and support myself. I declare under penalty of perjury of the laws of the State of California that the above is true and correct to the best of my knowledge.

If you were charged but not convicted, you must wait 60 days. If your conviction is for a single misdemeanor, you must wait one year. If you were convicted of several misdemeanors, you must wait two years. If you were convicted of a nonviolent felony, you must wait five years.