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I am sorry to hear about this. The GOOD NEWS is that it is possible to correct the record. The BAD NEWS is that you will need an attorney to do this. An attorney is not mandatory, but, due to complex nature of the situation, you will want one because doing this yourself is going to be next to impossible.
Steps (which can be changed depending on the nuance) on solving the dilemma are below:
1) Figure out WHERE the mistake was made. Did the court make this mistake? Did the West Virginia State Police (the agency that keeps the state's criminal records) make the mistake, or the Court?
2) If the mistake is with the Court, you can file a a Writ of Nunc Pro Tunc, which is a writ asking the court to fix a clerical (rather than a judicial) error. Once this is done and a hearing is held, then the record should be updated with the state agencies;
3) If the mistake is with a state agency such as the police, then you can contact them directly to work out the matter, and if they refuse, one has to file a Writ of Mandamus in Court and explain the situation, and then the Court should render an order to correct the record.
So this is doable. It just takes a bit of work, and the chances of success would be greatly increased by use of an attorney.
Let me know if you need help finding anyone in WV.
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