Expungement in Wheeling

Clearing Your Criminal Record

Having a criminal record can prevent you from securing your ideal job, furthering your education, or even traveling overseas. Fortunately, it is possible to have these criminal charges removed and sealed, allowing you to move forward without carrying the burden of your past. Expungement is the legal method of erasing these charges from your public history, giving you a completely fresh start. Once this process is finalized, you are legally recognized as a person with no criminal background. As a result, you are not required to disclose past arrests or convictions when applying for housing or submitting resumes to prospective employers.

Misdemeanors for Ages 18 to 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 cleared from your record. An experienced Wheeling criminal lawyer can help you navigate this process. However, this option is not available for domestic violence or DUI charges, and you cannot have any prior or subsequent convictions when submitting your expungement petition. Furthermore, you must file this petition within one year of your conviction date and only after finishing your probation. When the circuit court approves the request, your legal history will appear as if the conviction never happened.

First Offense DUI

If you are facing a first-time DUI charge, you might be able to remove it from your criminal record by finishing a specific deferral program with the guidance of a trusted Wheeling DUI attorney. To successfully clear this offense, you must follow these specific steps:

• Notify the court within 30 days of the arrest if you want 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.
• After the 15-day suspension, install an Ignition Interlock Device (IID) in your car for 165 days (approximately 6 months).
• Successfully complete the IID program to have the initial charges dismissed.
• Serve a one-year probation period.
• After completing probation, you can have the charge expunged from your criminal record (though it remains on your driving record).

Ineligibility for the DUI Program

You cannot participate in the deferral program if:

• You are facing a different DUI charge other than a first offense.
• You have an aggravated DUI with a Blood Alcohol Concentration (BAC) level above 0.15.
• Your driver’s license was previously suspended due to a prior DUI.
• You possess a Commercial Driver’s License (CDL).

Simple Possession of Marijuana

Individuals with a first-time drug offense for simple marijuana possession may also qualify for record clearing. To do this, you must complete a deferred sentence, leading to the case being dismissed or discharged. A Wheeling criminal lawyer can assist you in applying for this relief six months after you successfully complete your probation.

Reach Out to Mountaineer Criminal Law Group Today

Because granting an expungement is entirely at the court’s discretion in Marshall County and throughout West Virginia, judges can deny your request for many reasons. A denial could happen over a mistake as simple as filling out the petition incorrectly. To avoid these common errors, you should rely on a skilled Wheeling DUI attorney to handle your paperwork accurately.When your future and freedom are on the line, choose a legal professional with the dedication and experience needed to secure a positive outcome. Call (304) 832-8350 or reach out to us online to book a consultation. With our office conveniently situated to serve you, Mountaineer Criminal Law Group is prepared to defend you against a variety of criminal charges.