West Virginia Court Records
- Search By:
- Name
- Case Number
WestVirginiaCourtRecords.us is not a consumer reporting agency as defined by the FCRA and does not provide consumer reports. All searches conducted on WestVirginiaCourtRecords.us are subject to the Terms of Service and Privacy Notice.
Understanding Class 1 Misdemeanors in West Virginia
West Virginia does not classify misdemeanors as Class A, but rather uses terms like Class 1, Class 2, or Class 3 misdemeanors. Class 1 is the most serious misdemeanor crime in the state, and is punishable by up to one year in a county jail and a fine of not more than $2,500. The penalty for each class of misdemeanor may vary in severity, depending on the specific offense, but Class 1 remains the highest level.
Note: Some states have different classification systems, such as Class A or Level A misdemeanor. Other states that don't use levels or classes may adopt unique names, such as simple or aggravated, for their misdemeanor classifications.
Examples of Class 1 Misdemeanors in West Virginia
Examples of Class 1 misdemeanor crimes in West Virginia include:
- Acts of violence, such as a simple assault and battery (West Virginia Code §61-2-9)
- Driving Under the Influence (DUI) (second offense without aggravating factors)
- Disorderly conduct
- Shoplifting of merchandise with a value of less than $500 (first and second offenses)
- Possession of a controlled substance
- Destruction of property
- Petit theft (larceny of property with a value of $1,000 or less) (WVC. §61-3-13).
Class 1 misdemeanors are the most serious misdemeanor offenses and may remain on a person’s Criminal Court Record if not sealed or expunged.
Some examples of Class 1 misdemeanor offenses in West Virginia.
| Offense | Description | Possible Penalty |
|---|---|---|
| Petit theft (less than $1,000 value) | Taking goods or properties without consent, below the felony threshold | Up to 1 year jail, fine up to $2,500 |
| Simple Assault | Physical harm without serious injury | 12 months jail time and a $500 fine, or both |
| DUI (second offense) | Driving under the influence, no injury | 6 months to 1 year jail time and a fine of $1,000 to $3,000 |
| Disorderly conduct | Actions with the intent of causing public inconvenience or harm | 12 months in jail and a fine of up to $2,500 |
| Shop lifting | Taking goods from a retail store without paying for them | Mandatory fine and jail time |
Penalties for a Class 1 Misdemeanor in West Virginia
In West Virginia, a Class 1 misdemeanor is a major offense that attracts penalties such as jail time, probation, community service, and fines. The law (WVC. §61-11-17) mandates that the court determine the exact term of confinement and the fine amount within the limits set by the law for a specific misdemeanor offense.
Penalty for a class 1 misdemeanor in West Virginia may include one or both of the following:
- Jail time: Maximum jail sentence of 12 months or 1 year
- Fines: This may vary depending on the offense, but does not exceed $2,500
According to the West Virginia Legislature's recommendations for criminal sentencing law reform, judges have the discretion to tailor sentences to individual circumstances. When an individual is convicted of a class 1 misdemeanor in West Virginia, the judge may adjust punishments, under aggravating circumstances, to the specifics of the crime and the individual involved. This means that modification of misdemeanor sentences must be within the standard maximum penalty limit of jail time not exceeding 12 months and a fine of not more than $2,500.
Probation and Alternative Sentencing Options in West Virginia
West Virginia law (WVC. §62-11A-1a) states that judges may also impose other sentencing alternatives for individuals convicted of class 1 misdemeanors in West Virginia. These options may vary, depending on the nature of the offense and the defendant’s history.
Some of the non-jail sentencing for class 1 misdemeanor crimes in West Virginia include:
- Probation: A sentence by the court for individuals to stay under the supervision of a probation officer, instead of jail time
- Community Service Program: By court order, this sentence involves a number of hours or days of community service work with government or charitable entities
- The work program: Requires a sentenced person to spend the first two or more days of the sentence in jail. Then, at the court’s discretion, the offender would be assigned to a county or state agency to perform state-approved labor.
- House Arrest: The defendant is confined at home but under electronic monitoring supervision. Any action to leave home without permission may lead to revocation.
- Fines: Monetary penalty (does not exceed the set fine of $2,500 for misdemeanor crime) imposed by the court.
Eligibility for any of these non-jail punishments may vary by judge, county, or case-related circumstances. Counties and courts may consider factors such as the defendant’s criminal record, the severity of the case, and any possible harm to victims. For example, some counties in West Virginia may offer Adult Drug Court programs for substance-related misdemeanors, while courts may impose probation as part of the sentencing for the same misdemeanor crime.
The table below summarizes the various sentencing alternatives and conditions for class 1 misdemeanors in West Virginia:
| Alternative Sentences | Description | Condition |
|---|---|---|
| Probation | Defendant serves a ‘no jail sentence’ period of supervision in the community | Include regular check-ins with a probation officer, travel restrictions, drug testing, or counseling |
| House Arrest | The offender is restricted to the house under electronic monitoring or frequent supervision | Usually, for less threatening offenders or those with health or family complications |
| Community Service Program | The court imposes an unpaid work service that benefits the community on the individual | Different counties set different hours and work services |
| Fines | Monetary penalties by the court | May be combined with probation or community service if the offender cannot make a complete payment |
Can a Class 1 Misdemeanor Be Expunged or Sealed in West Virginia?
Yes. A class 1 misdemeanor may be expunged or sealed in West Virginia, provided the offense is not excluded from expungement. Under West Virginia Code §61-11-26, a person may petition the circuit court in the county where the conviction occurred. A person may be eligible for expungement under the following conditions:
- One year after the conviction and completion of any sentence of incarceration or any period of supervision
- Two years after the last conviction, completion of any sentence of incarceration, and any period of supervision (applies to multiple misdemeanor convictions)
- No other pending charges, as well as no prior or subsequent felony convictions.
While eligibility depends on the nature of the offense and the specific court's decision, no class 1 misdemeanor offense is automatically ineligible for expungement in West Virginia. However, certain misdemeanor convictions may not qualify for expungement, including:
- Most DUI (Driving Under the Influence) offenses
- Sexual offenses
- Misdemeanors involving the intentional infliction of physical injury to a minor or a law enforcement officer
- Driving on a suspended or revoked license
- Assault or battery if the victim was a spouse, had a child in common, or ever lived with the person seeking expungement.
The court judge reviews requests and may either approve or deny expungement based on the person’s conduct and the general public’s interest. Upon approval, expungement removes the record from public view. This means that employers, landlords, and the general public may no longer access it, removing any barrier to employment, housing, and education opportunities.
The table below summarizes the expungement rule for first-time, multiple offenses, and violent offenses in West Virginia.
| Type of Offense | Eligibility for Expungement | Waiting Period |
|---|---|---|
| First Time or Non-violent offense | Eligible | 1 year after conviction |
| Multiple offense | Possibly (depending on whether the offense is violent or recurring) | 2 years after the last conviction or completion of a sentence |
| Violent offense | Not eligible under West Virginia law | None |
Long-Term Consequences of a Class 1 Misdemeanor Conviction
In West Virginia, a class 1 misdemeanor conviction may have major effects on a person's life, extending beyond the courtroom and affecting both immediate and long-term opportunities. These outcomes may differ depending on state or local laws and the type of offense involved.
Some of the areas that may be affected as a result of a misdemeanor conviction include:
- Employment Opportunities: A conviction on a background check makes it difficult or impossible to get jobs in certain fields, especially jobs that involve working with minors and vulnerable adults. Most employers have policies that automatically disqualify applicants with criminal records.
- Housing Access: Whether it involves renting an apartment or purchasing a home, a misdemeanor conviction is a red flag for landlords and mortgage lenders.
- Education Applications: Many colleges and universities conduct background checks as part of the admissions process. A misdemeanor record may affect a person's eligibility for acceptance into or participation in any academic program.
- Professional Licensing: A criminal conviction may lead to the suspension or revocation of professional licenses, further affecting a person's career. Although license agencies cannot deny a license based on a conviction that has no legal connection to the licensed activity, the approval process may still be challenging.
The long-term consequences of a Class 1 misdemeanor may vary depending on the state and the nature of the offense. Although not as serious as a felony offense, it will remain on background checks unless expunged or sealed. Fortunately, individuals may mitigate each outcome by demonstrating lawful behavior and, when eligible, through expungement.
What to Do if You’re Charged with a Class 1 Misdemeanor in West Virginia
A person charged with a Class 1 misdemeanor in West Virginia should first consult a legal counsel. While every misdemeanor case is unique, a legal advisor may provide options to help you stay informed and responsible throughout the process. These options may include negotiating a plea deal, fighting charges, or understanding the nature and potential penalties of the charge through case documentation. Each legal step taken prepares the defendant for the court process and trial.
If officially charged, the defendant is required to appear by a summons, an appearance notice, or a court order. This involves initial appearances in court to respond to charges and subsequent trial dates. Failure to attend a court hearing without a lawful excuse may result in a warrant for the defendant's arrest. While getting ready for trial, it is important to update the court with the right contact information for notifications on any court hearing or payment schedules.
If convicted, the defendant could face a sentence of up to 12 months in jail and a fine of up to $2,500, which may include other penalties. During this period, the defendant is required to complete any jail time, probation, or community service for the best possible outcome. If only charged but not convicted, the defendant must wait 60 days after the charge is filed to be eligible for expungement.
Statute of Limitations for Class 1 Misdemeanors in West Virginia
According to West Virginia Code §61-11-9, the statute of limitations for misdemeanors, including a class 1 misdemeanor, is one year. This means that a prosecution for a misdemeanor must begin one year from the date the offense was committed.
The law does not provide separate limitation periods for a specific class 1 misdemeanor but refers to a general one-year rule for misdemeanor offenses. However, there is an exception for perjury, which has a three-year statute of limitations.