Hello and welcome to JustAnswer.
The statute above does apply only to misdemeanors. In order to be eligible to have your record expunged in WV. You must first apply for and receive a full and unconditional pardon from the Governor of WV pursuant to the provisions of section eleven, article VII of the Constitution of West Virginia. See WV Code §5-1-16.http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=05&art=1§ion=16A#01
Art 7 §11 of the WV Constitution provides:
Executive may remit fines and forfeitures.
The governor shall have power to remit fines and penalties in such cases and under such regulations as may be prescribed by law; to commute capital punishment and, except where the prosecution has been carried on by the House of Delegates to grant reprieves and pardons after conviction; but he shall communicate to the Legislature at each session the particulars of every case of fine or penalty remitted, or punishment commuted and of reprieve or pardon granted, with his reasons therefor.
There is not a waiting periods to apply for a pardon in West Virginia. You can apply for a pardon any time after you have been convicted. In fact, you can apply for a pardon even if you are still in prison for your conviction; a pardon granted in this situation would have the effect of releasing from prison early but would typically have conditions attached to it, which if you break can cause the pardon to be revoked and you sent back to prison. Full and complete pardons are permanent, and are not issued frequently -- only 121 in the 36 years covering nine governor's terms. I could not find a reference that said how many people applied for a pardon.
Your chance of getting a pardon will depend on your individual circumstances. Naturally, the older and less serious your conviction, and the more compelling your life story, the higher your chance of getting a pardon. Your chance of getting a pardon can also depend on who the Governor is at the time your application is reviewed; one Governor may be more lenient than another.
There are no application fees to apply for a pardon in West Virginia. You will need to contact the Governor’s office directly and request that the application materials be mailed or possibly e-mailed to you. You can contact the Governor’s office by calling 1-888-438-2731.
You will also need to file a petition to restore your gun right pursuant to W. Va. Code § 61-7-7(c) in the county where you reside.
§ 61-7-7(c) provides:
(c) Any person prohibited from possessing a firearm by the provisions of subsection (a) of this section may petition the circuit court
of the county in which he or she resides to regain the ability to possess a firearm and if the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility concomitant with the possession of a firearm, the court may enter an order allowing the person to possess a firearm if such possession would not violate any federal law: Provided, That a person prohibited from possessing a firearm by the provisions of subdivision (4), subsection (a) of this section may petition to regain the ability to possess a firearm in accordance with the provisions of section five, article seven-a of this chapter.http://www.legis.state.wv.us/legisdocs/code/61/WVC%2061%20%20-%20%207%20%20-%20%20%207%20%20.htm
Under federal law, if you have received a pardon from any state, the pardoned conviction cannot be used by federal authorities to prosecute you for “unlawful possession of a firearm” unless the pardon specifically says you cannot possess a gun. The petition to restore is what you will need to avoid being prosecuted under the State law. The expungement probably isn't really required but you might as well apply for it you are successful in obtaining the pardon.
____________________________________________________________________________________________________________________________Please rate my answers with a positive rating (three or more stars) as this is the only way I receive credit for my work.
If you have additional questions or need more information please ask.My goal is to provide with best assistance that I can. Please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also keep in mind that the law may not always be settled or may not support the position you want. My role is not to tell you what you want to hear. but to provide you accurate information as to what the law provides. Please do not rate me poorly just because the information I have provided does not support the outcome you desire.
You can always request me through my profile at http://www.justanswer.com/law/expert-legaleagle1
also begin your question with “For LegalEagle1”