Conditional discharge is a form of deferred adjudication in which the sentence is served with probationary conditions attached, under which the full penalty may be reinstated upon a violation of the terms of probation during the stated probationary period. Availability of conditional discharge, conditions and lengths of probationary periods vary by state and by the individual case. It is more commonly used in cases of first offenders and juvenile offenders.
West Virginia Motion for Probation or Conditional Discharge
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How to fill out Motion For Probation Or Conditional Discharge?
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FAQ
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.
Registrants currently under supervision usually need permission from their Parole or Probation Officer before traveling and should always consult their supervising officer.
Records cannot be expunged, even with a pardon, for first degree murder, treason, kidnapping, or sexual offenses. W. Va. Code § 5-1-16A(e).
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.
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.
Probation After you have completed at least one year of supervision, your attorney can petition the Court, or. After you have completed one half of your term of supervision, you can request early termination through your U.S. Probation Officer.
(2) If the judge finds that reasonable cause exists to believe that the probationer violated any condition of supervision other than the conditions of probation set forth in subdivision (1) of this subsection then, for the first violation, the judge shall impose a period of confinement up to sixty days or, for the ...
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.