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alecam

Junior Member
What is the name of your state? West Virginia

I was previously convicted of a felony charge- ( I pled down) Assisting with Prescription Fraud. I was sentenced to 3 years probation which I completed in January 2003. I wish to have my criminal record expunged but do not know where to start. While reading the government pages I read about pardons before expungements but I do not feel that applies to me. Am I wrong? Do I need to have a pardon before I can be expunged? I've been told I need only to petition the court that sentenced me asking for an expungement hearing. :confused: Has anyone in my area tried this on their own and if so what was the procedure like? I do not have the money to hire an attorney for this. Does anyone know if Legal Aid helps with such matters. Thanks for any help!!
 


Heather2

Member
alecam said:
What is the name of your state? West Virginia

I was previously convicted of a felony charge- ( I pled down) Assisting with Prescription Fraud. I was sentenced to 3 years probation which I completed in January 2003. I wish to have my criminal record expunged but do not know where to start. While reading the government pages I read about pardons before expungements but I do not feel that applies to me. Am I wrong? Do I need to have a pardon before I can be expunged? I've been told I need only to petition the court that sentenced me asking for an expungement hearing. :confused: Has anyone in my area tried this on their own and if so what was the procedure like? I do not have the money to hire an attorney for this. Does anyone know if Legal Aid helps with such matters. Thanks for any help!!
You do have to get a pardon first. Read the following link:
http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/WV/WV-EXP.htm

If you can not hire an attorney you can do the paperwork yourself. I don't know how difficult it is though.
http://freeadvice.com/legalforms/index.php
 

JETX

Senior Member
In your state (WV), only the following are allowed expungment:
1) A person receiving a full and unconditional executive pardon, two years after having been pardoned and twenty years after the discharge of his or her sentence upon the conviction for which he or she was pardoned. A person is not eligible for expungement if the pardoned offense is 1st degree murder, kidnapping, treason, or a sex offense felony. W. Va. Code § 5-1-16a.
2) A person found not guilty of a criminal offense, or against whom charges have been dismissed, and not in exchange for a guilty plea to another offense. They must have no prior felonies. A person who was found not guilty by reason of mental illness, mental retardation or addiction is not eligible. W. Va. Code § 61-11-25.
3) 1st time drug offenders who have completed deferred sentence and discharged and dismissed may apply to the court for an order of expungment 6 months after end of their term of probation. They must have no serious or repeated violations of probation. W. Va. Code § 60A-4-407.
 
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alecam

Junior Member
Dang- if I'm reading this correctly I have to wait 20 years after my probation to even apply to be pardoned?? (#2 doesn't apply and in #3 I did not have deferred sentence. I have never had a "record" before this- not even a speeding ticket.) I hope I'm reading this wrong- thats a long time! :eek:
 

Heather2

Member
alecam said:
Dang- if I'm reading this correctly I have to wait 20 years after my probation to even apply to be pardoned?? (#2 doesn't apply and in #3 I did not have deferred sentence. I have never had a "record" before this- not even a speeding ticket.) I hope I'm reading this wrong- thats a long time! :eek:
I'm not sure. What do you think JETX?
 

JETX

Senior Member
"two years after having been pardoned and twenty years after the discharge of his or her sentence upon the conviction for which he or she was pardoned."

I read that as you have to wait for two years AFTER the pardon AND for 20 years after the discharge of your sentence.

With that, it appears you MIGHT be eligible for an expungement in Jan 2023 (20 years from 'discharge').... as long as you got your pardon before Jan 2021.
 

alecam

Junior Member
I found out that I need to apply for a Presidential Pardon because mine was a felony. I'm eligible at this time- as long as the President and his men are in good moods I have a great chance! LOL I'm crossing my fingers- wish me luck!! ;) And thanks for all your help too! :)
 

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