Expungement in Wellsburg

Sealing Your Criminal Record

A criminal record can prevent you from securing your dream job, continuing your higher education, or even traveling internationally. Fortunately, you can eliminate and seal criminal charges from your past, allowing you to move forward without carrying that heavy burden. Expungement is the legal process of hiding these charges from public view, giving you a fresh start in life. Once the court expunges your record, you are legally considered an individual with no criminal history. This means you do not need to disclose past charges on applications given to prospective employers or landlords.

Misdemeanor Offenses for Ages 18-26

If you committed a misdemeanor offense when you were between the ages of 18 and 26, you might be eligible to have those charges completely removed from your record. To qualify, the offense must not involve domestic violence or a DUI, and you cannot have prior or subsequent convictions when submitting your expungement petition. Additionally, you must file this petition within one year of your conviction date and only after finishing your probation. If the circuit court approves the request, it will be as if the conviction never happened. A skilled Wellsburg criminal lawyer can help you navigate this specific filing process accurately to ensure no mistakes are made.

First-Time DUI Offense

Facing a first-time DUI (1st offense) charge doesn’t mean your record is permanently stained. You might be able to expunge the offense by finishing a deferral program with the guidance of a dedicated Wellsburg DUI attorney. To achieve this, you need to follow several strict steps:

• Notify the court within 30 days of your arrest about your intent to join the DUI deferral program.
• Obtain approval for the plan from the prosecuting attorney.
• Accept a mandatory 15-day suspension of your driving privileges.
• Install an Ignition Interlock Device (IID) in your vehicle for exactly 165 days (approximately 6 months) after the 15-day suspension ends.
• Successfully complete the IID deferral program to get the charges dismissed.
• Serve a one-year probation period.
• Finish probation successfully to expunge the charge from your criminal record (note: this will not remove it from your driving record).

You may not participate in the deferral program if:

• You are charged with any DUI offense other than a DUI 1st offense.
• You are charged with an aggravated DUI (meaning a BAC level greater than 0.15).
• Your driver’s license has previously been suspended due to a DUI.
• You currently hold a Commercial Driver’s License (CDL).

Simple Marijuana Possession

If your criminal history includes a first drug offense, such as simple marijuana possession, you may still qualify for record clearing. Under these specific circumstances, you must first complete a deferred sentence, leading to the case being discharged or dismissed. Six months after the successful completion of your probation, your Wellsburg criminal lawyer can help you apply to have the drug offense expunged from your record.

Contact Mountaineer Criminal Law Group in Wellsburg Today

Keep in mind that granting an expungement is entirely up to the court’s discretion in Brooke County and throughout West Virginia. Various factors can cause a judge to deny your request, including something as simple and naive as incorrectly filing the petition. To prevent formatting mistakes and ensure the job is done right the first time, rely on a knowledgeable Wellsburg DUI attorney.

When your future and freedom are at a crossroads, choose a criminal defense attorney equipped with the skills, experience, and commitment to make a true difference. Call (304) 832-8350 or contact us online to easily schedule a consultation. With convenient locations in West Virginia, Mountaineer Criminal Law Group is ready to strongly represent you across various criminal matters.