Drug Offenses and 407 Probation

What is 407 Probation?
407 Probation is a type of probation named for W.Va. Code Section 60A-4-407. It allows people charged with certain drug offenses to have their charges dismissed if they complete a probationary period. Furthermore, the charges may be expunged as soon as six months after they are dismissed.

Who Qualifies for 407 Probation?
The Court may sentence a person to 407 Probation if and only if 1) the person has plead guilty to, or been found guilty of, certain drug offenses, and 2) the person has no previous drug-related convictions in any jurisdiction. The person must also agree to delay their court proceedings until the probation period is complete.

Which Charges are Subject to 407 Probation?
The Court may grant a qualifying person 407 Probation for simple possession of any drug. Additionally, the Court must grant 407 Probation to any qualifying person who has plead guilty to, or been found guilty of, any of the following:

  • possession of marijuana;

  • distribution of less than 15 grams of marijuana;

  • possession of synthetic cannabinoids; or

  • possession of 3,4-methylenedioxypyrovalerone (MPVD)and 3,4-methylenedioxypyrovalerone and/or mephedrone , all commonly known as “bath salts.”

What Are the Terms and Conditions of 407 Probation?
This can vary. However, a person on 407 Probation is generally prohibited from possessing a firearm, drinking/possessing alcohol, picking up additional criminal charges, or leaving the state without prior permission of the court. Payment of court costs is also a term of 407 Probation.

What Happens When a Person Violates 407 Probation?
When a violation of 407 Probation occurs, the court can adjudicate the person guilty, in which case the charge will no longer be dismissed, and different rules for expungement will apply.

After 407 Probation Ends, When Can a Charge be Expunged?
After at least six months from the end of probation. If the magistrate finds that the person has not been guilty of any serious or repeated violations of the terms of probation, either during the probation period in the six months afterward, the court shall expunge the charge from the person’s record.

If you’ve been charged with a drug offense and want to explore your options with regard to 407 Probation, contact DeVore Law Office, PLLC at (304) 699-0107.