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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.

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 § 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.