West Virginia (WV) — Expungement & Record Clearing
Yes, you can clear your criminal record in West Virginia through expungement under W. Va. Code § 61-11-26. Misdemeanor convictions are eligible after 1 year, and nonviolent felonies after 5 years (or 3 years with an approved treatment or job readiness program). Filing costs $200 plus a $100 State Police fee if granted (fee waivers available). Since 2024, acquittals are automatically expunged. Violent felonies, sexual offenses, felony DUI, and crimes against minors are not eligible. Expungement is a one-time relief — you can only use it once. Below is the full guide with eligibility, step-by-step process, costs, timeline, and FAQ.
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Overview
West Virginia allows expungement of certain misdemeanor and nonviolent felony convictions under W. Va. Code § 61-11-26. Dismissed charges and acquittals can also be expunged under § 61-11-25. Since 2024, courts automatically expunge records when a person is acquitted of all charges in a case. Expungement relief may only be obtained once. An accelerated path is available for individuals who complete an approved substance abuse treatment program or job readiness training course under § 61-11-26a.
Official term: Expungement (W. Va. Code § 61-11-25 / § 61-11-26) — West Virginia uses the term "expungement." Once granted, the record is sealed from public view and the proceedings are deemed never to have occurred. Law enforcement and courts may still access expunged records in limited circumstances.
Who qualifies
- ✓Misdemeanor conviction (single offense) — eligible 1 year after conviction and completion of sentence and supervision
- ✓Multiple misdemeanor convictions — eligible 2 years after the last conviction and completion of sentence and supervision
- ✓Nonviolent felony conviction(s) arising from the same transaction or series of transactions — eligible 5 years after conviction, sentence completion, and supervision, whichever is later
- ✓Dismissed charges or acquittals — eligible 60 days after order of dismissal or acquittal (or automatic since 2024 for acquittals)
- ✓Accelerated path: nonviolent felony eligible after 3 years if petitioner completes an approved substance abuse treatment or job readiness program (§ 61-11-26a)
- ✓Accelerated path: single misdemeanor eligible after 90 days with approved program completion; multiple misdemeanors after 1 year
- ✓Persons granted a full and unconditional Governor's pardon — eligible 1 year after the pardon
Who does not qualify
- ✗Any felony offense of violence against a person
- ✗Any misdemeanor involving intentional infliction of physical injury to a minor or law enforcement officer
- ✗Any felony offense in which the victim was a minor
- ✗Sexual offenses (§ 61-8B-1 et seq.)
- ✗Domestic violence, domestic assault, or domestic battery
- ✗Felony DUI or felony driving while license suspended/revoked
- ✗Burglary of a dwelling
- ✗Offenses involving use of a deadly weapon or dangerous instrument
- ✗Stalking or harassment offenses
- ✗Child abuse or neglect (§ 61-8D-1 et seq.)
- ✗Incest
- ✗Violations of the Uniform Commercial Driver's License Act
- ✗Persons who have already obtained expungement once (one-time relief only)
Waiting Periods
| Dismissed charges or acquittal | 60 days after dismissal or acquittal (automatic for acquittals since 2024) |
| Single misdemeanor conviction | 1 year after conviction, sentence completion, and end of supervision |
| Multiple misdemeanor convictions | 2 years after the last conviction, sentence completion, and end of supervision |
| Nonviolent felony conviction | 5 years after conviction, sentence completion, and end of supervision (whichever is later) |
| Accelerated — single misdemeanor (with approved program) | 90 days after program completion |
| Accelerated — multiple misdemeanors (with approved program) | 1 year after program completion |
| Accelerated — nonviolent felony (with approved program) | 3 years after conviction, sentence, or supervision (whichever is later) |
Step-by-Step Process
Determine eligibility
Confirm your conviction qualifies under § 61-11-26 (or § 61-11-25 for dismissed/acquitted charges). Verify the required waiting period has passed and that you have not previously obtained an expungement.
Obtain the correct petition form
Get the appropriate form from the circuit court clerk or the WV Judiciary website: SCA-C906 for misdemeanor convictions, SCA-C907 for felony convictions, or SCA-C901 for dismissed/acquitted charges.
Complete the petition and gather supporting documents
Fill out the petition form completely. Gather certified copies of court records, proof of sentence completion, and any certificates from treatment or job readiness programs if seeking accelerated expungement.
File the petition and pay the filing fee
File the petition with the circuit court clerk in the county where the conviction occurred. Pay the $200 filing fee for conviction expungements (no fee for dismissed/acquitted charges). If you cannot afford the fee, file a Financial Affidavit and Application for fee waiver.
Serve required parties
Serve copies of the petition and supporting documents on the prosecuting attorney, the WV State Police, the Commissioner of Corrections (if applicable), and the court that disposed of the original charge. The prosecuting attorney must notify any identified victims by first class mail.
Wait for objections and court decision
Any interested party or victim may file an objection within 30 days of service. A response to any objection may be filed within 30 days after service of the objection. Within 60 days of filing, the court may grant the petition without a hearing, set a hearing, or deny the petition.
Pay the State Police processing fee (if granted)
If expungement is granted, pay a $100 fee to the WV State Police Records Division for processing the expungement order. This fee is waived for petitions filed under the accelerated program (§ 61-11-26a).
Visual Guide
Automatic Expungement for Acquittals & Dismissed Charges (2024 Amendment)
Since 2024, West Virginia provides automatic expungement for acquittals. When a court enters an order of acquittal of all criminal charges against a person in a case, the court automatically orders the record expunged after 30 days unless the person objects. No petition or action by the individual is required.
| Scenario | Sealed When |
|---|---|
| Acquittal of all charges in a case | Automatic, 30 days after order of acquittal (unless the person objects) |
| Dismissed charges (monthly batch processing) | Identified and processed monthly by the Department of Homeland Security |
Costs
- Filing fee
- $200 for conviction expungements; free for dismissed/acquitted charges
- Fee waiver
- Available by filing a Financial Affidavit and Application demonstrating inability to pay
- Attorney (optional)
- $500–$1,500 typical range (optional but recommended for felony petitions)
An additional $100 fee is paid to the WV State Police Records Division if the petition is granted. This $100 fee is waived for accelerated expungement petitions under § 61-11-26a. Legal Aid WV and Jobs & Hope WV may provide free assistance to qualifying individuals.
Timeline
- With attorney
- 2–4 months
- Standard
- 3–6 months
The court must act within 60 days of filing, but the 30-day objection period and service requirements add time. Real-world timelines may be longer depending on county caseloads and whether a hearing is required.
What expungement does
- ✓Record is sealed from public view — employers, landlords, and banks cannot see it
- ✓Proceedings are deemed never to have occurred
- ✓You may legally state that you have not been convicted of the expunged offense on job, credit, and other applications
- ✓Courts and agencies must reply to any inquiry that no record exists
- ✓Removes barriers to employment, housing, and educational opportunities
What expungement does NOT do
- ✗Does NOT restore firearm rights lost due to the conviction
- ✗Does NOT remove the record from federal databases (e.g., FBI records)
- ✗Does NOT prevent law enforcement or courts from accessing the record in limited circumstances
- ✗Does NOT apply to more than one expungement — relief may only be obtained once under § 61-11-26
- ✗Does NOT expunge convictions for offenses excluded by statute (violent felonies, sex offenses, etc.)
- ✗Prior DUI convictions cannot be expunged
Other Relief Options in West Virginia
Accelerated Expungement (§ 61-11-26a)
Individuals with a documented substance abuse history who complete an approved treatment program, or graduates of a WV Department of Education-approved job readiness adult training course (such as Jobs & Hope WV), may petition for early expungement with reduced waiting periods. The $100 State Police processing fee is waived.
Governor's Pardon
The Governor of West Virginia may grant a full and unconditional pardon. One year after receiving such a pardon, the individual may petition the circuit court to expunge the pardoned conviction. Contact the Governor's office at (304) 558-2000 or the WV Parole Board for application details.
Expungement of Dismissed Charges / Acquittals (§ 61-11-25)
Persons found not guilty or whose charges were dismissed (not in exchange for a guilty plea to another offense) may petition for expungement 60 days after the order. Since 2024, acquittals are automatically expunged after 30 days unless the person objects.
Frequently Asked Questions
- How much does expungement cost in West Virginia?
- For conviction expungements, the filing fee is $200. If the petition is granted, there is an additional $100 fee paid to the WV State Police for processing. Fee waivers are available if you cannot afford the filing fee. Expungement of dismissed charges or acquittals has no filing fee. If you hire an attorney, expect to pay $500–$1,500. Legal Aid WV and the Jobs & Hope program may offer free help.
- How long does expungement take in West Virginia?
- After filing, the court must act within 60 days — it may grant the petition without a hearing, schedule a hearing, or deny it. Including the 30-day objection period and time for service, the entire process typically takes 2–6 months. Real-world timelines may vary by county.
- Can a felony be expunged in West Virginia?
- Yes, but only nonviolent felonies. You must wait 5 years after conviction, completion of incarceration, and end of supervision (whichever is later). Violent felonies, sexual offenses, felony DUI, burglary of a dwelling, and offenses against minors cannot be expunged. With an approved substance abuse or job readiness program, the waiting period may be reduced to 3 years.
- Can I get more than one expungement in West Virginia?
- No. Under W. Va. Code § 61-11-26, a person may only obtain expungement relief once. This includes relief obtained under the accelerated program (§ 61-11-26a). Expungement of dismissed charges or acquittals under § 61-11-25 is separate and does not count toward this one-time limit.
- Does West Virginia have automatic expungement?
- Yes, but only for acquittals and dismissed charges. Since 2024, when a court acquits a person of all charges in a case, the court automatically orders the record expunged after 30 days unless the person objects. Dismissed cases are also identified and processed for automatic expungement on a monthly basis. There is no automatic expungement for convictions — you must file a petition.
- Does expungement restore gun rights in West Virginia?
- No. Expungement does not restore firearm rights that were lost due to a conviction. Federal law may also independently prohibit firearm possession for certain convictions. You should consult an attorney about your specific situation.
- What is the Jobs & Hope program and how does it help with expungement?
- Jobs & Hope WV is a state program created in 2019 to help individuals with substance use disorders return to the workforce. It combines substance abuse treatment, job training, and expungement assistance. Participants who complete the program may qualify for accelerated expungement with reduced waiting periods under § 61-11-26a, and the $100 State Police processing fee is waived. Legal Aid WV partners with the program to provide free legal help.
- Can I expunge a DUI in West Virginia?
- No. Felony DUI convictions are specifically excluded from expungement under West Virginia law. Misdemeanor DUI is also generally not eligible. However, having a DUI on your record does not prevent you from seeking expungement of other eligible offenses, provided you meet all other requirements.
Video Guides
Take Action — Direct Links
- Download Petition for Expungement of Misdemeanor Violations (Form SCA-C906)
Official West Virginia Judiciary form to petition for expungement of misdemeanor convictions and traffic citations under W. Va. Code § 61-11-26.
- Request Your Own Criminal Record (WV State Police Criminal Records Section)
West Virginia State Police Criminal Records Section — background checks are processed through IdentoGO. Contact the Criminal Records Section at 304-746-2170 for instructions.
- Find Free Legal Help — Legal Aid of West Virginia
Legal Aid of West Virginia provides free expungement information and assistance, including partnership with the Jobs & Hope WV program for qualifying individuals.
- WV Judiciary Expungement Instructions (Form SCA-C900)
Official instructions from the West Virginia State Court Administrator's Office explaining the expungement petition process, eligibility, fees, and required steps.
- W. Va. Code § 61-11-26 — Full Statute Text
Official full text of West Virginia Code § 61-11-26 (expungement of criminal records) on the West Virginia Legislature website.
Sources
- W. Va. Code § 61-11-25 (Dismissed/Acquitted Charges)
- W. Va. Code § 61-11-26 (Conviction Expungement)
- W. Va. Code § 61-11-26a (Accelerated Expungement)
- WV Judiciary — Expungement Instructions (SCA-C900)
- Legal Aid WV — Expungement of Criminal Records
- Jobs and Hope WV — Expungement Information
- Cornell CJEI — West Virginia Expungement