Can arrest or conviction records in West Virginia be expunged?

Criminal Law

Can arrest or conviction records in West Virginia be expunged?
- Firm Name: The Giatras Law Firm, PLLC
  
  Duration: 01:23
  
  Date: 2020-12-29
  According to West Virginia code, a misdemeanor arrest or conviction record can be expunged. A person is eligible for expungement one year after a single conviction and two years if multiple convictions. This only includes non-violent felony convictions. The state has a long list of exceptions that are also not eligible such as:
  - Physical injury to a minor
  - Sexual offenses
  - Domestic violence
  - DUI
  - Driving while license suspended or revoked
  Felony cases are not eligible for expungement. To find out if your criminal arrest or conviction can be expunged, and what the requirement are, contact the Charleston West Virginia criminal defense attorneys at The Giatras Law Firm.

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What crimes are considered "misdemeanor" in West Virginia?
- In West Virginia, a misdemeanor is usually a crime that is less serious than a felony such as shoplifting, vandalism, trespassing or simple assault. A penalty for a misdemeanor in West Virginia can range from fines, probation, community service and jail time. Charleston criminal defense attorneys at The Giatras Law Firm can explain the law in more detail and may be able help get penalties reduced. Find out the difference between a felony and a misdemeanor.
Should I talk to the police after an arrest in West Virginia?
- Should you talk to police if you get arrested? Sometimes having an attorney on your side before talking with police is a better idea. If you get arrested, you have a right to remain silent. You can also stop answering questions at any time. Having an experienced Charleston criminal defense attorney can help protect your rights.
Do I need a criminal defense attorney in West Virginia if I am innocent?
- Without a West Virginia criminal defense attorney, someone accused of a crime can face a significant disadvantage against a professional prosecutor, even if innocent. It is always a good idea to at least consult a lawyer even if you are not guilty so your rights are completely protected.
What is the difference between probation and parole?
- Parole is consider part of the judge's order at the time of sentencing. It can follow jail time or be given in lieu of a prison sentence. Probation on the other hand is an early release of an inmate from prison. A person on probation or parole must follow certain “conditions,” which might include:
  - meeting on a regular basis with a probation or parole officer
  - no history of using drugs and alcohol, and
  - avoiding known criminals or gang members.
  If you have questions about probation, parole or criminal sentencing, contact West Virginia criminal defense attorney at The Giatras Law Firm.
What is a Felony in West Virginia?
- Felonies are typically more serious crimes under state and federal laws. As such, the punishment is more stringent. If you have been charged with a felony, it is a good idea to seek counsel from an experienced West Virginia criminal defense attorney. Examples of felonies include: State felonies typically include violent crimes such as murder, manslaughter, kidnapping, and sexual assault. But nonviolent crimes such as drug sales and fraud can also be felonies On a federal level, drug trafficking, bank robbery, mail fraud, human trafficking are all considered felonies.
Am I allowed to move if I am on probation or parole in West Virginia?
- When you are on probation or parole in West Virginia and are considering moving, you will need to ask the court or your probation/parole officer who will review the request and determine if supervision can be maintained in your new location. An experienced criminal law attorney can help answer questions you may have and facilitate the process. To find out more about how a Charleston criminal law attorney can help you contact the Giatras Law Firm at 304-343-2900
Can a West Virginia resident move if on probation or parole?
- If you are on probation in West Virginia and thinking of moving, you should first check with the court, or your probation officer or parole officer. It may be more likely they grant your permission depending on the reason for the move such as:
  - Move closer to work
  - Live closer to school
  - Live closer to family
  There is also a distinction of moving within the state of West Virginia vs moving out of state. The West Virginia criminal defense attorneys at The Giatras Law Firm, PLLC can assist you with orchestrating a move while on probation or parole.
What is a Misdemeanor in West Virginia?
- A misdemeanor crime is typically more serious than a civil infraction and less serious than a felony. When convicted of a misdemeanor crime in West Virginia, you can expect a range of penalties such as: ⦁ Fines ⦁ Probation ⦁ Community Service ⦁ Restitution ⦁ Jail Time (In County Jail) Some common examples of misdemeanors in West Virginia include: ⦁ Simple assault ⦁ Shoplifting ⦁ Vandalism ⦁ Trespassing ⦁ Public intoxication When charged with a misdemeanor crime, the consequences can be long lasting. The Charleston criminal defense attorneys at The Giatras Law Firm, PLLC are often successful at reducing or eliminating charges against you.
What should I do if I have been charged with a crime in West Virginia
- You have been arrested for a crime in West Virginia. Now what? If you have been arrested and charged with a crime in West Virginia, it is important to remember you have important rights, including: Know your rights: 1. You have the right to remain silent 2. You have the right to have an attorney present at questioning 3. You have and the right to be free from unreasonable searches. You should invoke all of those rights, and decline to talk with police. Then consult an experienced criminal law attorney such as The Giatras Law Firm to plan a strategy for dealing with the charges against you. If you want to understand what questions a lawyer will have for you, here are some tips for preparing to meet with a defense attorney. An experience attorney can advise you properly on plea bargaining or going to trial if needed.
What is the court process after you have been arrested for DUI?
- When taken in for DUI/DWI, you can typically expect the Charleston police to fingerprint you, take your mugshot and administer a blood alcohol test at the station. If the prosecutor files charges, there is a good chance you will have to go to court several times and choose between plea negotiations with the prosecutor or going to trial. The Charleston, WV DUI attorneys from The Giatras Law Firm can help you weigh the pros and cons of each alternative.

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