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Roger
Roger, Attorney
Category: Legal
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how long does a miss. assault stay on your record and can

Customer Question

how long does a miss. assault stay on your record ? and can you get it off legally? and a demstic dispute?
Submitted: 7 years ago.
Category: Legal
Expert:  Roger replied 7 years ago.

In West Va., the following people are eligible for an expungement:

 

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 expungement 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.

 

4) Any person convicted of a misdemeanor offense or offenses arising from the same transaction committed while he or she was between the ages of eighteen and twenty-six. At the time the petition is filed and during the time the petition is pending, petitioner may not be the subject of an arrest or any other pending criminal proceeding. No person shall be eligible for expungement pursuant to the this section until one year after the conviction, completion of any sentence of incarceration or probation, whichever is later in time. No person shall be eligible for expungement of a conviction and the records associated therewith pursuant this section for any violation involving the infliction of serious physical injury; involving the provisions of article eight-b of this chapter where the petitioner was eighteen years old, or older, at the time the violation occurred and the victim was twelve years of age, or younger, at the time the violation occurred; involving the use or exhibition of a deadly weapon or dangerous instrument; of the provisions of subsection (b) or (c), section nine, article two of this chapter where the victim was a spouse, a person with whom the person seeking expungement had a child in common or with whom the person seeking expungement ever prior to the offense; any violation of the provisions of section twenty-eight of said article; a conviction for driving under the influence of alcohol, controlled substances or a conviction for a violation of section three, article four, chapter seventeen-b of this code or section nineteen, article eight of this chapter. W. Va. Code § 61-11-26

 

Here is a link that discusses West Va. expungement in detail: http://expungement.uslegal.com/expungement-of-criminal-records/west-virginia-expungement-law/

 

If you are eligible, you should see an attorney about doing this. If not, the assault will stay on your record permanently.

Customer: replied 7 years ago.
its been way over 20 yrs so what would i tell an atterny i would like to do
Expert:  Roger replied 7 years ago.
You should contact a criminal law attorney and tell them that you want to apply for an expungement.
Customer: replied 7 years ago.
how long does it usually take to get it removed? thanks and that should be all
Customer: replied 7 years ago.
how long does it take
Expert:  Roger replied 7 years ago.
The expungement process should not take longer than 45-60 days.