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Marsha411JD
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Category: Criminal Law
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Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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In 1980 I was convicted for aiding and abetting unarmed robbery

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In 1980 I was convicted for aiding and abetting unarmed robbery in WV. Can this be expunged?
Hello,

Thank you for your question. Can you tell me if you were convicted of a felony or a misdemeanor? Also, how old were you when convicted? Once you respond, it might take me a few minutes to gather all of the information to provide to you.
Customer: replied 3 years ago.

Felony indictment no CR-80-F-267. I was 17 at time of indictment but plea bargained as adult.

Hello again and thank you for your reply. Unfortunately a felony conviction cannot be expunged in WV unless the petitioner has first receives a full and unconditional pardon from the Governor. You can see the basic expungement statute, which also allows or expungement of certain misdemeanors at: http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=61&art=11&section=26
The statute that contains the ability to have a felony expunged after a full and unconditional pardon can be found at: http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=05&art=1&section=16A
Finally, to find out more about the pardon process, you will want to go to: http://www.paroleboard.wv.gov/executiveclemency/Pages/guidelines.aspx

If you decide to pursue a pardon, and then subsequent expungement, you will most definitely want to enlist the assistance of a local criminal defense attorney who has a post-conviction practice to help you put together the best petition possible for your pardon application, etc.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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