2024 How to Get a DUI Expunged in West Virginia

Driving under the influence of alcohol or other narcotics is dangerous not only for the driver but others in their car or on the road. With the driver’s reflexes reduced, the risk of accidents increases, and these can cause severe injuries. However, not all DUI charges are equal, and many are based on faulty assumptions or testing. Regardless of the circumstances, if you are convicted, you may be left wondering how to get a DUI expunged in West Virginia.

With the help of a West Virginia DUI lawyer from Meadows Law PLLC, you can get the answers to the questions you have about your DUI charges or convictions. We also know how to remove them from your criminal record.

What Is Expungement?

Under West Virginia law, expungement is the process by which some criminal charges can qualify to be removed from your criminal record. Criminal records last more than the length of any court-imposed penalties. They can follow you for a lifetime and impact your ability to seek employment, find housing, and even qualify for higher education. Expungement offers an opportunity for those charges to be removed.

The process by which you expunge a criminal charge from your record begins by petitioning the court to request that the charge be removed. When a court reviews your petition and agrees that it has merit, a judge could approve the removal of the charge from your criminal record. Unfortunately, the charge will remain on your motor vehicle record. Nevertheless, with a clear criminal record, the negative effects on housing and residency will be lifted.

Expungement Eligibility

Expungements are not eligible for every charge or for every person. To have a charge expunged from your record, particularly for DUI charges, you must meet certain qualifications. Circumstances under which you can apply for a DUI expungement include:

• The court determines that your case should be dismissed.
• You are acquitted of your charges.
• You qualify for the West Virginia Deferral Program.

If your DUI charge is accompanied by aggravating circumstances, your application for expungement may be denied in court. With the help of an attorney, you can review the circumstances of your case to see if you could qualify.

West Virginia Deferral Program

If you are a first-time DUI offender, you could have the charges removed through the West Virginia Deferral Program. Under this program, those without aggravating circumstances can qualify under the following conditions:

• Your blood alcohol content (BAC) at the time of the charge was less than .15%.
• The court must be notified within 30 days of your conviction.
• You are not a commercial driver.
• You must adhere to an intoximeter test.

Those who wish to proceed with the program must plead guilty to their charges, agree to a 15-day suspension of their license, and have an ignition interlock device installed on their car for a period of 165 days. Once these terms are completed, the court will dismiss the DUI charges from your record.  One year after this process is completed, you can file for an expungement from your record.

Expungement Without Working Through the Deferral Program

Unfortunately, a DUI charge may not be expunged from your record in any way other than the deferral program. There are several charges that do not qualify for expungement, and driving under the influence is one of them, regardless of whether your charge is a misdemeanor or a felony.

The easiest way to keep a DUI from appearing on your record is to avoid a DUI charge. There are several transportation options available to you after a night in which you have consumed too much, so avoiding driving while you are intoxicated can be the greatest prevention. Even if you are stopped and charged with a DUI, an attorney can review your case to see if the processes and procedures of the investigation were done appropriately.

FAQs

Q: Can a DUI Be Expunged in West Virginia?

A: A DUI in West Virginia cannot be expunged except through the West Virginia Deferral Program. Under this program, a person can qualify if:

• They are charged with their first DUI.
• The offense is void of any aggravating circumstances.
• They agree to certain conditions.

Upon completion, their charges will be dismissed, and they will be eligible to apply for expungement.

Q: How Long Does a DUI Stay on Your Record in WV?

A: A DUI conviction in West Virginia that is not accompanied by any aggravating circumstances will remain on your criminal record for a period of 10 years. Within that time, any subsequent DUI convictions could result in additional penalties, longer suspension, possible revocation of your license, and more. An attorney can help you understand your DUI charges and what possible penalties a conviction could include.

Q: What Is the New Expungement Law in West Virginia?

A: The New Expungement Law in West Virginia is 61-11-26. Under this new law, certain crimes may be eligible for expungement from your criminal record two years after the penalties have been served. However, many offenses do not qualify, and driving under the influence is one of them. This includes both misdemeanor and felony charges for DUI.

Q: How Much Does It Cost to Get Your Record Expunged in West Virginia?

A: The costs associated with having your record expunged in West Virginia can vary due to a number of circumstances. These include the costs to file the petition, your attorney’s fees, and any accompanying court fees that may be necessary to proceed with your application. If you have questions about the costs of your expungement process, you should speak with your attorney. They can review the circumstances of your specific case.

West Virginia Expungement Lawyer

Whether you have been convicted of a DUI or have questions about having your criminal record expunged, contact Meadows Law PLLC. Our criminal defense attorney has the knowledge and experience you need to answer your questions. Criminal charges can be daunting but with the right attorney, you can face them with confidence. Contact our team today.