Each situation is different. And there are different expungement laws, and the requirements for each law are different. Criminal Charges : You may be eligible for expungement of criminal charges if:. Also, if you were found not guilty because of mental illness or addiction, there are certain offenses under West Virginia's Sex Offender Registration Act that cannot be expunged.
You must wait 60 days from the date of dismissal to file. Criminal Convictions : You may be eligible for expungement of your conviction if it involves a misdemeanor, multiple misdemeanors, a nonviolent felony, or a series of connected nonviolent felonies.
Certain types of convictions are not eligible for expungement. And you are not eligible for expungement if you have pending charges. Even if you may be eligible, there are other things to consider before filing for expungement. You should carefully read all of the information listed here to determine whether you are eligible. You should try to talk to a lawyer. Only certain state convictions are eligible for expungement. Federal convictions are not eligible.
Felony expungements are limited to non-violent felonies that meet the following criteria: Offense does not involve the intentional infliction of serious bodily injury; Offense does not involve violence or potential violence to another person or the public; An offense the facts and circumstances of which the circuit court finds to be consistent with the purposes of the expungement statute; and Is not otherwise excluded.
If you have questions about whether your offense qualifies, you should talk to a lawyer. Records cannot be expunged, even with a pardon, for first degree murder, treason, kidnapping, or sexual offenses. Criminal Convictions: If you have been convicted of a crime, the time period you must wait depends begins when you have finished serving a jail or prison sentence, and any term of probation or parole, whichever is later in time. The approved programs can be found on the West Virginia Supreme Court website. If you have a medically documented history of substance abuse, you can shorten your wait time by completing an approved substance abuse treatment or a recovery and counseling program.
You can also shorten your waiting period if you complete an approved Job Readiness Adult Training Program. Criminal Charges : As mentioned earlier, you are eligible if you do not have a previous felony conviction; and.
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Criminal Convictions : There are two key steps you need to take to figure out whether you are eligible for expungement of your convictions:. In West Virginia, most of this information is not available online. You will need to know:.
Expungement Basics - FindLaw
This is a list of all court locations in West Virginia. You will then still need to get the paperwork from the Magistrate Court or the Circuit Court. Depending on your case, court orders or papers that you could ask for include: Indictment, Information, Complaint, Plea Agreement, Sentencing Order, or Disposition. If there were orders for restitution, or protection or restraining orders prohibiting you from contacting a victim in your case, you will need a copy of those orders.
You also need to find out if you have paid fines and restitution related to your conviction. The Circuit Clerk or Magistrate Clerk should be able to assist you with that information too.
Expungement vs. Record Sealing
You must know when you:. This is a list of Parole Offices. Once you have all this information, then you can determine whether you may be eligible for expungement. You will need to review each charge or conviction separately. You will need to consider whether it is the kind of offense that is eligible. You will also need to consider whether you have waited long enough.
Again, this is complicated. If you can, you should try to talk to a lawyer. Criminal Charges : No.
How to get your criminal record sealed in Michigan
It can keep you from certain jobs, firearms licenses, and other privileges and tarnish your reputation. And, given that our world is becoming more connected, your criminal history can be accessed by anyone with an Internet connection who knows where to look. Why let them? And why let your criminal history hold you back? Now is the time to act! To determine your eligibility to file for expungement and permanently seal your criminal records, you need to contact an Indiana expungement attorney from our team. We stand ready to provide our clients with trusted representation and accurate information regarding their eligibility to file.
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Our firm can answer any questions you have regarding record sealing and help provide you with a favorable resolution to your case. For help determining your eligibility for an expungement or to begin the process, contact an Indiana expungement attorney at Keffer Hirschauer LLP. You can reach us by calling or complete our online contact form to schedule a consultation.
If we don't get your conviction expunged, we guarantee your money back! What an Indiana Expungement Attorney from Keffer Hirschauer Can Do An arrest, charge, or conviction can make it difficult to obtain jobs, housing, or loans; purchase or carry a firearm; or improve your life in general. Breaking Down Indiana Expungement Law The expungement process begins by determining what parts of your criminal record are eligible for expungement. Records of the following items may be sealed under Indiana expungement law: Arrests Criminal charges Delinquency adjudications Criminal convictions Trial court records Appellate court records Forfeiture records Post-conviction relief records.
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Criminal Record Expungement - Frequently Asked Questions
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Please enter a message. We will obtain the required records, draft and file the petition with the court, respond to any prosecutor objections and attend any hearings scheduled with the court. By hiring an experienced expungement attorney, you can be assured that you will obtain the maximum amount of relief you are eligible to receive.
We have handled over 25, criminal record sealings and expungements. To determine if you are eligible to expunge your misdemeanor in your state, please take our free online expungement eligibility test or call us at for a free phone consultation. Didn't find the answer you were looking for? Check out our Free Expungement Information and Education page. We have more than 50 years of combined experience. We make sure that your case is done right the first time. Other law firms only update court records after an expungement which means that your criminal records may appear on background checks for up to a year after it is expunged.
Our exclusive optional Expedited Record Clearance Update can get your record removed from more than popular background check companies within 14 days of it being cleared at the court. Get your criminal records and other personal information removed from more than 40 popular people search websites with our Background Check Removal service. Our attorneys are highly rated with 4. Testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Any result portrayed on this website was dependent on the facts of that case, and the results may differ if based on different facts. Expunging a Misdemeanor Offense Don't let your past determine your future. Misdemeanor Expungement If you have a misdemeanor offense, you may not even be aware of how your criminal record has affected your life. Ways a Misdemeanor Can Affect Your Life Many common offenses, such as driving under the influence DUI , shoplifting, and disorderly conduct are misdemeanors under the criminal statutes of most states.
A criminal background check is often required when : Applying for a job Applying for housing Applying for a loan Applying for educational programs Applying for professional licenses Volunteering at your child's school or sports program State legislatures across the country have started to recognize the obstacles that former offenders face even years after a conviction, and most states have enacted expungement or record sealing laws to minimize this burden.