Expungement in Morgantown

Clearing Your Criminal Record

A criminal record can create significant barriers in your life—blocking access to higher education, closing doors to career opportunities, and even restricting your ability to travel internationally. Expungement is a legal process that seals criminal charges from your record, giving you a fresh start and a chance to move forward without the burden of a past offense. Once your record is expunged, you are legally recognized as an individual without a criminal history, meaning you are not required to disclose it to potential employers or landlords on applications.

Misdemeanor Offenses Committed Between Ages 18–26 — Morgantown Criminal Lawyer

If a misdemeanor was committed between the ages of 18 and 26, you may be eligible to have the charges expunged from your record. However, the following conditions apply:

• The offense must not involve DUI or domestic violence
• There must be no prior or subsequent convictions at the time of filing the expungement petition
• The petition must be filed within one year of the conviction
• The petition must be filed after the successful completion of probation

Once the circuit court grants the expungement, it may appear as though the conviction never took place.

DUI First Offense — Morgantown DUI Attorney

If you have been charged with a first-time DUI offense, it may be possible to have it removed from your criminal record by completing a deferral program. The following steps must be taken:

• You must notify the court within 30 days of your arrest of your intent to participate in the DUI deferral program
• The prosecuting attorney must review and approve your participation in the program
• You must agree to a 15-day suspension of your driving privileges
• Following the suspension, an Ignition Interlock Device (IID) will be installed in your vehicle for 165 days (approximately 6 months)
• After successfully completing the IID deferral program, your charges will be dismissed
• You will then be placed on probation for one year
• Upon successful completion of probation, you may apply to have the charge expunged from your criminal record, though it will remain on your driving record

Please note that you cannot participate in this program if:

• You are charged with any DUI offense other than a first offense
• You are charged with an aggravated DUI, where the Blood Alcohol Content (BAC) level exceeds 0.15
• Your driver’s license has previously been suspended due to a DUI
• You hold a Commercial Driver’s License (CDL)

Simple Marijuana Possession — Morgantown Criminal Lawyer

If your first drug offense involves simple marijuana possession, you may be eligible to have the charge expunged from your record. To qualify, the following conditions must be met:

• You must first complete a deferred sentence
• The case must be discharged or dismissed
• You may apply for expungement after six months of successfully completing probation

Reach Out to Mountaineer Criminal Law Group in Morgantown

It’s important to understand that expungement is a discretionary matter — the court has the authority to grant or deny the petition based on several factors. Even a minor mistake, such as an incorrectly filed petition, can result in a denial. This makes it critical to work with an experienced Morgantown DUI attorney who can navigate the process accurately and effectively on your behalf.

When your freedom is at stake, you deserve a criminal defense attorney with the experience, dedication, and legal expertise to make a real difference. Call Mountaineer Criminal Law Group at (304) 832-8350 or contact us online to schedule a consultation. With offices conveniently located in Morgantown, West Virginia, our team is ready to represent you across a wide range of criminal matters.