What offenses are eligible for expungement in West Virginia?

Eligible offenses include many misdemeanors (after a 1-2 year waiting period) and certain non-violent felonies (after completion of sentence and a waiting period). Dismissed charges, acquittals, and cases where charges were not filed can also be expunged. Not eligible: violent felonies, sex offenses, offenses against minors, DUI with bodily injury, and certain other serious crimes. Check W. Va. Code § 61-11-26 for the specific list of eligible and ineligible offenses.

Can a West Virginia employer refuse to hire me because of an old conviction?

Yes. West Virginia has no state law preventing employers from considering old convictions, and there is no requirement to evaluate whether the conviction is relevant to the job. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance, but this is not mandated by West Virginia law.

Will a dismissed charge show up on a West Virginia background check?

A dismissed charge may appear on a background check unless you have petitioned for expungement under W. Va. Code § 61-11-25. Once expunged, the record should not appear on standard background checks. If you have dismissed charges, pursuing expungement is recommended.

Does West Virginia have any automatic record clearing?

No. West Virginia does not have a Clean Slate law or automatic record-clearing mechanism. All expungement requires filing a petition with the court and paying applicable fees. There have been discussions about Clean Slate legislation, but no such law has been enacted as of 2026.

How much does expungement cost in West Virginia?

The filing fee for expungement in West Virginia varies by county but is generally around $100-$150. If you hire an attorney, legal fees will be additional. Some legal aid organizations offer free assistance with the expungement process for those who qualify based on income.

West Virginia Background Check Laws

No state lookback limitLast updated: 2026-04-01

West Virginia has no state lookback limit — convictions appear on background checks indefinitely. There is no ban-the-box law and no Clean Slate law. Expungement is available for certain misdemeanors and non-violent felonies after a waiting period, with eligibility expanded by 2019-2020 reforms.

Overview

West Virginia does not impose a state-level time limit on how far back employers can look at criminal convictions. Under the federal Fair Credit Reporting Act (FCRA), convictions can be reported indefinitely, and West Virginia has no stricter state law. A conviction from decades ago can still appear on a standard employment background check. West Virginia does not have a ban-the-box law for either public or private employers. Employers can ask about criminal history at any point in the hiring process, including on initial job applications. West Virginia does not have a Clean Slate law. However, the state does allow expungement for certain misdemeanors and non-violent felonies after a waiting period. West Virginia expanded its expungement eligibility with reforms in 2019 and 2020, making more offenses eligible. Under W. Va. Code § 61-11-26, certain misdemeanors can be expunged after 1-2 years, and certain non-violent felonies can be expunged after completion of sentence and a waiting period. This can make a real difference for people seeking employment, housing, and other opportunities.

How Far Back Does a Background Check Go in West Virginia?

Record Type	Rule in West Virginia
Felony Convictions	Reported indefinitely. No state time limit on felony conviction reporting. Certain non-violent felonies may be eligible for expungement by petition.
Misdemeanor Convictions	Reported indefinitely. No state time limit on misdemeanor conviction reporting. Many misdemeanors are eligible for expungement after a 1-2 year waiting period.
All Convictions	No state limit. Convictions can be reported indefinitely under FCRA defaults. West Virginia has no statute restricting how far back consumer reporting agencies can report criminal convictions.
Arrests (No Conviction)	Under the FCRA, arrests that did not lead to conviction can be reported for up to 7 years. West Virginia does not impose a stricter limit. Arrests resulting in dismissal or acquittal may be eligible for expungement.
Pending Cases	Pending charges can be reported and considered by employers. West Virginia does not restrict reporting of pending criminal cases.

Ban the Box / Fair Chance

No statewide law

West Virginia does not have a ban-the-box law at the state level for either public or private employers. Employers can ask about criminal history on job applications and at any stage of the hiring process. No West Virginia cities have enacted local ban-the-box ordinances as of 2026.

Clean Slate / Auto-Sealing

No Clean Slate law

West Virginia does not have a Clean Slate law providing automatic record sealing or expungement. All record clearing requires filing a petition with the court. However, West Virginia expanded expungement eligibility through legislative reforms in 2019 and 2020. Under W. Va. Code § 61-11-26, certain misdemeanors can be expunged after 1-2 years, and certain non-violent felonies can be expunged after completion of sentence and a waiting period. Violent felonies, sex offenses, and offenses against minors are generally not eligible.

What Employers Can Do in West Virginia

When can employers ask about criminal history?: West Virginia employers — both public and private — can ask about criminal history at any point in the hiring process, including on the initial job application. There are no state restrictions on timing.
What can they consider?: West Virginia employers can consider any conviction regardless of age or relevance to the job. There is no state law requiring individualized assessment or evaluation of the relationship between a conviction and the position. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance, but this is not mandated by West Virginia state law.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in West Virginia

W. Va. Code § 61-11-26 (Expungement of Criminal Records)(2019)
Provides for expungement of certain misdemeanor and non-violent felony convictions by petition after completion of sentence and applicable waiting periods. Expanded by 2019 and 2020 legislative reforms to include more offenses. Violent felonies, sex offenses, and offenses against minors are excluded.
W. Va. Code § 61-11-25 (Expungement of Non-Conviction Records)
Allows expungement of arrest records and charges that did not result in conviction, including dismissals, acquittals, and nolle prosequi dispositions.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Allows reporting of convictions indefinitely but limits reporting of non-conviction arrests to 7 years. Requires applicant consent before running a background check.

Frequently Asked Questions — West Virginia

How far back does a background check go in West Virginia?: West Virginia has no state limit on how far back criminal convictions can be reported. Under the FCRA, convictions can appear indefinitely. Arrests that did not lead to conviction are limited to 7 years under federal law. A decades-old conviction will still appear on a West Virginia background check unless it has been expunged.
Does West Virginia have ban-the-box?: No. West Virginia does not have a ban-the-box law for either public or private employers. Employers can ask about criminal history on job applications and at any point during the hiring process.
Can I get my record expunged in West Virginia?: Yes, West Virginia allows expungement for certain offenses. Under W. Va. Code § 61-11-26, certain misdemeanors can be expunged after 1-2 years, and certain non-violent felonies can be expunged after completion of sentence and a waiting period. You must petition the court. Violent felonies, sex offenses, and offenses against minors are generally not eligible. West Virginia expanded expungement eligibility in 2019 and 2020.
What offenses are eligible for expungement in West Virginia?: Eligible offenses include many misdemeanors (after a 1-2 year waiting period) and certain non-violent felonies (after completion of sentence and a waiting period). Dismissed charges, acquittals, and cases where charges were not filed can also be expunged. Not eligible: violent felonies, sex offenses, offenses against minors, DUI with bodily injury, and certain other serious crimes. Check W. Va. Code § 61-11-26 for the specific list of eligible and ineligible offenses.
Can a West Virginia employer refuse to hire me because of an old conviction?: Yes. West Virginia has no state law preventing employers from considering old convictions, and there is no requirement to evaluate whether the conviction is relevant to the job. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance, but this is not mandated by West Virginia law.
Will a dismissed charge show up on a West Virginia background check?: A dismissed charge may appear on a background check unless you have petitioned for expungement under W. Va. Code § 61-11-25. Once expunged, the record should not appear on standard background checks. If you have dismissed charges, pursuing expungement is recommended.
Does West Virginia have any automatic record clearing?: No. West Virginia does not have a Clean Slate law or automatic record-clearing mechanism. All expungement requires filing a petition with the court and paying applicable fees. There have been discussions about Clean Slate legislation, but no such law has been enacted as of 2026.
How much does expungement cost in West Virginia?: The filing fee for expungement in West Virginia varies by county but is generally around $100-$150. If you hire an attorney, legal fees will be additional. Some legal aid organizations offer free assistance with the expungement process for those who qualify based on income.

West Virginia Resources

West Virginia State Police — Criminal Identification Bureau
The state agency that maintains criminal history records. You can request your own criminal history record here.
Legal Aid of West Virginia
Provides free legal assistance to low-income West Virginians, including help with expungement petitions.
West Virginia Reentry Council
State reentry resources, including employment assistance, housing resources, and support services for people with criminal records.
Mountain State Justice
Nonprofit legal organization serving low-income West Virginians with civil legal issues, including reentry and record clearing.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in West Virginia for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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