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  • West Virginia Expungement Form

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SCA-C900 Rev. 04/2010 Petition for Expungement of Criminal Records Provided Under W.Va. Code 61-11-26 Page 1 of 8 IN THE CIRCUIT COURT OF COUNTY WEST VIRGINIA IN RE EXPUNGEMENT OF RECORD OF CIRCUIT COURT NO.

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How to fill out the West Virginia Expungement Form online

This guide provides clear and supportive instructions on filling out the West Virginia Expungement Form online. The process is designed to help users navigate the necessary sections and ensure accurate completion of the form for expungement of criminal records.

Follow the steps to successfully complete your expungement form.

  1. Press the ‘Get Form’ button to access the West Virginia Expungement Form and open it in your preferred editor.
  2. Begin by filling out the caption section. Provide your full name, the circuit court number, and lower court number as requested at the top of the form.
  3. Section 1 requires you to state the date of your conviction and the specific misdemeanor offense(s) for which you are seeking expungement. Ensure all information is accurate and complete.
  4. In Section 2, indicate the date(s) of the offense(s) along with your name and date of birth. Confirm that you were between eighteen and twenty-six years old at the time of the offense.
  5. Section 3 requires you to affirm that you have no prior or subsequent convictions other than minor traffic violations at the time of filing.
  6. In Section 4, confirm that one year has passed since your conviction or the completion of your sentence. Provide the applicable date.
  7. Fill out Section 5 to affirm that the charges are eligible for expungement by checking each relevant clause.
  8. Proceed to the Verification portion. Fill in each blank, answering the questions from numbers 1 to 12 as required, ensuring all statements made are true and accurate.
  9. Complete the Certificate of Service section. Fill out the caption, indicate the recipients of the petition, and provide their addresses. Choose the method of service you will use.
  10. Finalize your document review, ensuring all sections are completed. After checking for accuracy, save your changes. You can download, print, or share the completed expungement form as needed.

Complete your West Virginia Expungement Form online today to move towards a fresh start.

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How Much Does A Criminal Record Expungement Cost? Filing and court costs usually range between $100-$400 but can be more based on the case. You will also have to pay to hire an attorney if you choose to get help.

But do expunged records show up on background checks? Expunged charges are erased from the record entirely, and sealed records still exist but are inaccessible to the public. Generally, sealed and expunged records will never appear on a background check.

Under West Virginia Code §61-11-26, only non-violent felony convictions may be expunged. An individual may petition the Court five (5) years after the completion of any sentence of incarceration and completion of supervision in the circuit court in the county where the conviction or convictions occurred.

How long does expungement take? From the time you apply for the expungement at the Solicitor's Office until you receive the expungement order, it can take up to six months.

Filing fees and costs vary, depending on the severity of your criminal record. Typically, the filing fees range from $85 to $150. If you hire an expungement or criminal defense lawyer, you may also be charged for attorney fees and other costs.

Under § 61-7-7(g) persons prohibited from possessing a firearm under § 61-7-7(a) may regain their rights rights by expungement or set-aside, or by a pardon.

An attorney is not required for you to file a petition for expungement. However, it may be useful to consult with an attorney if you have questions about your situation.

One year following the successful completion of the West Virginia Motor Vehicle Alcohol Test and Lock Program, the person can file a motion with the court to have the DUI expunged from his or her criminal record.

MISDEMEANOR CONVICTIONS Under West Virginia Code §61-11-26, a person may petition the circuit court in the county where the conviction or convictions occurred. A person is eligible for expungement one (1) year after the conviction and completion of any sentence of incarceration and any period of supervision.

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West Virginia Expungement Form
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