Clearing a DUI From Your Record in West Virginia

No. DUI convictions cannot be expunged. However, a DUI conviction that is at least five years old when the petition is filed does not prevent expungement of an unrelated felony that is otherwise eligible. Driving-under-the-influence records at the Division of Motor Vehicles are also not expunged through a non-conviction expungement order.

File a petition, verified under oath, in the circuit court where the conviction happened. It must include all names used, all addresses since the offense, date of birth and Social Security number, case details, the offenses, any victims and protective orders, the sentence, the reasons for expungement, and evidence of rehabilitation. Serve it on the State Police Superintendent, the county prosecutor, the arresting agency, any prison where the person was held, and the court that handled the charge. The prosecutor notifies victims. Anyone opposing has 30 days to file a notice of opposition, and the petitioner has 30 days to reply. Within 60 days of filing, the court grants the petition, returns it for corrections, sets a hearing, or denies it.