West Virginia Expungement & Record Sealing Guide

Who Qualifies for Expungement in West Virginia?

West Virginia expanded expungement in 2018 and again in 2020 to include more offense types, but eligibility remains relatively limited compared to other states.

Who Qualifies

• Dismissed / acquitted charges: Eligible 60 days after case close
• First offense misdemeanor conviction: 1 year after sentence completion, no new convictions
• First offense non-violent felony (limited list): 5 years after sentence completion
• Deferred adjudication completion: Upon completion

Not Eligible

• Any prior felony conviction (bars expungement of subsequent offenses)
• Crimes of violence
• Sex offenses
• DUI convictions
• Domestic violence convictions

Step-by-Step: How to Clear Your Record in West Virginia

1. Obtain WV criminal history — From WV State Police Criminal Records Division.
2. File petition — In the circuit court of the county of conviction. Fee: $200.
3. Serve the prosecutor — The prosecuting attorney has 30 days to object.
4. Hearing — Held before a circuit court judge.
5. Order issued — WV State Police and all agencies destroy or seal the records.

Waiting Periods

• Dismissed / acquitted: 60 days
• First offense misdemeanor: 1 year
• First offense non-violent felony: 5 years

Costs

• Filing fee: $200
• Attorney fees: $750–$2,000

Legal Aid of West Virginia offers free help at lawv.net.

What Record Clearing Does (and Doesn't) Do in West Virginia

After a successful expungement or sealing in West Virginia, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in West Virginia for advice specific to your situation.