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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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I plead guilt to aiding and abbedding in the distribution of

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I plead guilt to aiding and abbedding in the distribution of cocaine in 1992 , I received 6 months with work release and 3 years of supervised probation , can I have this charge expunged in West Virginia
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Can you please tell me if you were convicted of a misdemeanor or a felony and also how old you were when convicted?
Customer: replied 1 year ago.
I received a felony charge for crossing state lines from Maryland to West Virginia , I was 24 years old at the time.
Customer: replied 1 year ago.
I was 24 at the time and I received a felony for crossing state lines from Maryland to West Virginia .
Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for the additional information. If you mean by "received a felony charge" that you were actually convicted, then you are not eligible for a regular expungement in the State of WV. In order to qualify, the conviction must have been for a misdemeanor when the applicant was between the ages of 18 and 26. So, although you would qualify age wise, if you were convicted of a felony, it cannot be expunged. You can see the statute at: http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=61&art=11§ion=26

That said, you could have your felony conviction expunged if you first recieve a pardon from the Governor. You can see that statute by going to: http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=05&art=1§ion=16A

You can find out about how to apply for a Pardon and about the process by going to: http://www.paroleboard.wv.gov/executiveclemency/Pages/guidelines.aspx

I would strongly urge you to hire a local criminal defense attorney who has a post-conviction practice to assist you in your pardon application and subsequent expungement application, if you do recieve a pardon.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17535
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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Marsha411JD
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Licensed attorney with 28 yrs. exp. in criminal law