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The West Virginia criminal record expungement statutes allow for two types of expungements: Dismissed/Acquitted Criminal Charges (acquitted/found not guilty at a trial or charges that were otherwise dismissed) Criminal Convictions (found guilty after a trial or plead guilty/no contest as part of a plea agreement).
West Virginia is one of several states with a so-called ?second chance? law. It lets people with a felony criminal record appeal to a judge to reduce their charge to a misdemeanor. The goal? To help them find work.
If your expungement is approved, you will have to pay a $100 fee to the West Virginia State Police. 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.
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 ...
West Virginia law says a person cannot have or buy a gun if s/he: has been convicted of a crime that is punishable by imprisonment of more than one year, which is usually a felony; or.
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.
If you want to live with your spouse without the risk of them going to prison, you need to remove your firearms from your home. Living in separate rooms or having it under lock and key is not enough. Convicted felons cannot be in the same residential property as a firearm.
The short answer to this question is no, you can't own guns after being convicted of a felony. The longer answer is that while being convicted of a felony will cost you your right to own a gun, you may be able to have your gun rights and other civil rights restored.