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I thought my under 21 DUI was expunged but my workplace found it on my record. How do I get it off?

Morgantown, WV |

Three years ago I got an under 21 DUI in wv blowing a .03. I paid all fines, had a breathalyzer in my car for almost a year, had 20 hours group therapy, 30 hours community service and I completed it all before my court date per instructions from the magistrate and when I showed up for court everything was dropped. I thought that meant that was what I needed to do to get it expunged but my work just did a bg check and found it on there. What can I do if anything at this point to get that off of my record so it doesn't cost me a job in the future??

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Attorney answers 2


I do not practice in West Virginia, so I recommend you call attorney Harley Wagner there - he is a top DUI expert in your state. The issue you are having is, however, fairly common of late all over the United States. The introduction of for-profit, private background check services that use the internet to access public records means that, even if your official record was expunged, there still may be records that are accessible to these services. For example, I had a client who had his DUI charge completely dismissed, but the City of Atlanta court keeps court calendars for the last several years accessible online. His employer just did a google search of his name and found the record that he had been charged. Hope this helps.


I don't practice in WV. If your case was dismissed you may want to look into having a finding of factual innocence or the WV equivalent. This will seal your records.

Edward J. Blum