Expungement: Clearing Your Criminal Record in WV and OH

Trust Jay Gerber, Attorney at Law to Clear Your Name

Expungement is a process where you can appeal to the court to clear your criminal record. Jay Gerber, Attorney at Law realizes this is not always an easy process and results may vary. The rules for Expungement differ from state to state, so there are some important questions to ask. Were you charged with a crime, but had the charges dismissed? Did you go on trial and receive a not-guilty judgment? Contact Jay Gerber, Attorney at Law to review the circumstances of your matter and see if expungement is an option for you. Call our office today at (681) 229-1334 or contact us online for a consultation.

What Types of Charges Cannot Be Considered for Expungement?

While it can be worthwhile for you to file for expungement and clear your record, there are certain circumstances and types of charges that are ineligible. Records can only be expunged in the state where the charges are filed. The following are quick lists of the types of charges or convictions ineligible in the courts of Ohio and West Virginia:


  • Murder
  • Felonies
  • First-Degree Misdemeanors in which the victim is under 18
  • Rape or sexual battery
  • Corruption, obscenity or pornography involving a minor
  • Sexual imposition
  • Serious weapons charges

West Virginia

  • Felonies, including sexual offenses
  • Rape, Domestic Assault or Battery
  • Child pornography
  • Animal cruelty
  • Violent Crimes; Infliction of Serious Injury; Use of a Deadly Weapon
  • Driving with a suspended or revoked license; with or without DUI
  • Refusing to take a secondary chemical test of blood alcohol contents

What Happens After the Court Grants an Expungement?

An expungement removes all records related to the criminal issue and seals them from public view. Once the court grants expungement, you will not have to tell bosses, landlords, or banks about the criminal issue. Your closed file can only be opened in limited situations.

Effect of Prior Felony Conviction and More on Expungement

Having a prior felony conviction can impact on whether a lesser charge can be expunged. There is also a waiting period of 60 days from when you obtain a dismissal or not-guilty verdict before you can appeal for expungement. If you pleaded guilty to an offense as part of a plea deal, or received a not-guilty verdict because of mental illness, mental handicap, or addiction, these may not be removed. Likewise, DUI charges remain on record for at least ten years.