Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
West Virginia Expungement Handbook - Procedures and Law
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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.
Your conviction is not excluded from expungement under West Virginia law; You do not have any charges pending against you; and. You have waited one to five years from the last date of either conviction, completion of your incarceration, or completion of supervision under parole or probation to apply for expungement.
If a convicted felon seeks to restore gun ownership rights, the court must find them competent, as well as capable, of exercising those rights responsibly.
One of the long-term consequences of a felony conviction in Virginia is that you would lose your right to own a gun. This is true no matter how long ago your conviction was and what your sentence was. However, you may be able to get your firearms rights restored with the help of an experienced criminal defense lawyer.
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.
Records cannot be expunged, even with a pardon, for first degree murder, treason, kidnapping, or sexual offenses. W. Va. Code § 5-1-16A(e).
Your conviction is not excluded from expungement under West Virginia law; You do not have any charges pending against you; and. You have waited one to five years from the last date of either conviction, completion of your incarceration, or completion of supervision under parole or probation to apply for expungement.
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.