Clear your West Virginia record.

It can also be a charge dismissed after you finish pretrial diversion. The same goes for a deferred adjudication. But some charges where the alleged victim is a family or household member are left out. A dismissal you got in return for a guilty plea to another charge does not count. And you cannot file if you have a past felony conviction.

Under W. Va. Code § 61-11-26, a court can also expunge some convictions. That can be one or more misdemeanors, or a nonviolent felony. Two or more felonies count only if they came from the same transaction or series of transactions. You get this relief once.

Under W. Va. Code § 61-11-26a, the wait can be shorter. That is so if you finish a job course the state approves. It is also so if you have a medical record of substance abuse and have kept to an approved treatment program.

Some convictions do not count. A DUI is one. A felony of violence against a person is another. Under W. Va. Code § 61-11-26b, a court also cannot expunge a traffic conviction if you held a commercial driver's license or permit at the time. The same is true if you were driving a commercial vehicle.

You file a petition in the circuit court of the county where you were charged or convicted. The court may hold a hearing.