West Virginia Affidavit in Support of Motion to Order Expungement of Criminal Record

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Multi-State
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US-02246BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

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.

Someone can always be charged with murder, for example, no matter how many years have passed since the crime occurred. While this is standard throughout the country, in West Virginia, there is no statute of limitations for any felony whatsoever. You can always be charged with this crime.

Records cannot be expunged, even with a pardon, for first degree murder, treason, kidnapping, or sexual offenses. W. Va. Code § 5-1-16A(e).

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.

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.

A criminal record is permanent unless it is legally removed through an expungement or pardon. Once an entry is made on a person's criminal record, that entry will stay on their official criminal record forever unless legal steps are taken to remove it.

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West Virginia Affidavit in Support of Motion to Order Expungement of Criminal Record