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West Virginia Motion for Expungement of Criminal Records Due to Acquittal or Dismissal

State:
West Virginia
Control #:
WV-EXPCRI-01
Format:
PDF
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Description

This form may be used to request an expungeement of criminal records when the case was dismssed or the defendant was acquitted for reasons other than entry of a plea.
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  • Preview Motion for Expungement of Criminal Records Due to Acquittal or Dismissal
  • Preview Motion for Expungement of Criminal Records Due to Acquittal or Dismissal
  • Preview Motion for Expungement of Criminal Records Due to Acquittal or Dismissal

How to fill out West Virginia Motion For Expungement Of Criminal Records Due To Acquittal Or Dismissal?

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FAQ

Expect to pay $100 to $600 in document processing and filing fees. If you feel you may have trouble coming up with the money to pay those fees, some states do offer free expungement services to indigent clients.

After the petition is filed, the state's attorney, the state police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered, and all state agencies are given 60 days to expunge or seal the record. The total process typically takes about six months.

Always begin the letter with a formal greeting, such as "Dear Judge...", before composing the rest of the letter. Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged.

Online expungement is only available through Maryland expungement.com and not offered by a State or government website. This legal expungement service is particularly convenient for individuals who don't want to have to travel to the courthouse, obtain all the paperwork, drive home.

You must obtain one complete set of fingerprints from a Virginia law enforcement agency and provide a copy of the CC-1473 expungement petition to that agency as well. You must serve a copy of the CC-1473 on the Commonwealth's Attorney in the county or city in which you are planning on filing it.

I would like to expunge my ex-husband from my memory. Because the court has decided to expunge my criminal record, there will be no evidence of my past misdeeds. The president has the power to expunge any person's criminal history in order to give that individual a fresh start in life.

The letter must state the case and explain the changes that the person made in their life to correct their actions. Examples of life changes are helping others and not getting arrested again.

Your whole letter should be about three paragraphs. Begin by telling how you got in trouble in the first place, but keep this part short. Give just enough detail for the employer to understand the nature of your infraction, but do not give too much detail.

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.

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West Virginia Motion for Expungement of Criminal Records Due to Acquittal or Dismissal