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How Long Does a Felony or Misdemeanor Stay on Your Record in WV?

A criminal record is permanent unless it is legally removed through an expungement or pardon. Once an entry is made on a person’s criminal record, that entry will stay on their official criminal record forever unless legal steps are taken to remove it. A criminal record does not expire or go away after the passage of time.

A National Crime Information Center (NCIC) check on an individual will reveal their full name, any alias, date of birth, social security number, sex, race, height, weight, eye color, hair color, place of birth, and address. The criminal history portion will show information related to the Arrest and the Court Disposition. A sample NCIC check will look like this:

ARREST

Date of arrest: 1/1/2020

Arrest agency: WVSP5800

CDR#: 12345

Charge: 1

Offense: Battery

Severity: Misdemeanor

Agency Case Number: 1234-5678

COURT DISPOSITION

Disposition date: 6/1/2020

Plea: Guilty

Finding: Convicted

Type: Misdemeanor

Sentence: 60 days

Fine: Assessed

In the above example, if the Battery charge was dismissed, then the person’s criminal record would still show the “Arrest” information, but under “Court Disposition,” it would state “Dismissed.”

A successful expungement will remove all entries on a person’s criminal record. Going back to the above example, if a person’s record was successfully expunged, then the NCIC check would state no records found.

At The Moore Law Firm, we have handled many expungements over the years. If you are interested in an expungement, give us a call to discuss your particular situation.