Can I have a Domestic Violence Conviction Expunged?

Question

I plead guilty to a domestic violence charge 2 years ago in West Virginia. Now i am trying to join the military and they say that i can not join with that charge on my record. I have heard of having a charge expunged, but does domestic violence fall into the expungment category??

Answer 1

First let me say I lived in WV for 2 years and loved it!

Anyway, each state is different, some states allow expungements after 5 years and you have to petition the Parole Board. Let me see if I can find the Mountain State's law for you.

I found it, but it excludes domestic violence, was the charge like an assault or was it actually labled DV?

I feel bad, I think people have a right to get on with their life without having a charge follow them around forever. The only thing I can think of is to write to your Senator to try to change the law. I'm so sorry.

See below:

The Legislature passed a bill that supplements the old statute by allowing a person who was convicted of a misdemeanor to petition a Circuit Court for expungement of the conviction. The distinction is that the new statute applies to a person actually convicted. However, the statute has many limitations. First, it only applies to convictions for misdemeanor crimes that were committed when the defendant was between the ages of eighteen and twenty six. Second, expungement is only available to a person having no other prior or subsequent convictions other than minor traffic violations at the time the petition is filed. The person may not petition for expungement until one year has passed from the time the person completes his or her sentence for the crime.

Importantly, there are specific offenses that cannot be expunged. The offenses not eligible for expungement include any offense involving infliction of serious physical injury; sexual offenses where the defendant was eighteen years old or older at the time the crime was committed and the victim was twelve years old or younger; an offense involving the use or exhibition of a deadly weapon or dangerous instrument; domestic violence offenses; DUI; offenses for driving on a suspended or revoked drivers license; and cruelty to animals.