West Virginia Expungement & Court Record Removal: Expanded Options

West Virginia's Expungement Framework

West Virginia Code § 61-11-26 is the primary expungement statute for adult criminal records in West Virginia. The law has been amended several times, with the most significant recent expansion occurring in 2020 when the legislature added first-offense nonviolent felony convictions to the list of expungeable offenses - a substantial broadening of the prior law. For more information, visit the West Virginia Courts.

West Virginia expungement is a petition-based process. There is no automatic sealing program as of 2026. A petition must be filed with the circuit court in the county where the conviction or arrest occurred, and a judge must approve the expungement order. Once granted, the record is sealed from public access, and the petitioner may legally deny the existence of the expunged offense on most applications. Learn more about expungement vs. record sealing on our blog.

West Virginia expungement covers three main categories: arrests without conviction (including dismissals and acquittals), misdemeanor convictions, and - since 2020 - certain first-offense nonviolent felony convictions. Each category has its own requirements and waiting periods. Learn more about court record removal on our blog.

Eligibility by Record Type

Arrests Without Conviction and Dismissed Charges

If you were arrested and not convicted - because the charge was dismissed, you were acquitted, or the prosecution chose not to pursue the matter - you are eligible to petition for expungement. There is no waiting period for this category. You may file the petition as soon as the case is finally resolved.

Under § 61-11-26(b), petitions for non-conviction records are generally granted unless the court finds a compelling reason not to. This is one of the more accessible pathways in West Virginia's expungement framework.

Misdemeanor Convictions

West Virginia allows expungement of misdemeanor convictions after a one-year waiting period from sentence completion (including probation and payment of all fines, costs, and restitution). The petitioner must not have any subsequent convictions during the waiting period.

Not all misdemeanors are eligible - the statute excludes DUI/DWI convictions, domestic violence misdemeanors, and offenses involving a minor victim. The prosecutor receives notice and has 30 days to object.

First-Offense Nonviolent Felony Convictions (2020 Expansion)

The 2020 legislation added this category to West Virginia expungement law. To qualify:

• The felony must be a first offense - you must have no prior felony convictions in West Virginia or any other state
• The offense must be nonviolent - the statute provides that offenses designated as crimes of violence under WV law are categorically excluded
• The offense must not be on the excluded list (sex offenses, DUI, crimes against children, domestic violence)
• A 5-year waiting period from sentence completion must have elapsed
• The petitioner must have no subsequent convictions of any kind during the 5-year period

Many low-level drug felonies, property crime felonies (theft, fraud), and certain other nonviolent offenses fall within this category. If you received a felony conviction in West Virginia before 2020 and have satisfied these requirements, you may now be eligible for expungement that wasn't previously available to you.

Ineligible Offenses

The following offenses are explicitly excluded from West Virginia expungement under § 61-11-26, regardless of the passage of time: For more information, visit the West Virginia Legislature.

• DUI or DWI convictions (any offense under W. Va. Code § 17C-5-2)
• Domestic violence offenses (misdemeanor or felony)
• Any crime of violence as defined under West Virginia law
• Sex offenses requiring registration on the West Virginia Sex Offender Registry
• Any crime involving a victim under age 18
• Felony convictions if the petitioner has prior felony convictions elsewhere

Filing the Expungement Petition in West Virginia

1. Confirm eligibility. Obtain your criminal history from the West Virginia State Police (WVSP). WVSP fingerprint-based records requests give you a complete picture of your history as maintained by the state.
2. Complete the petition. West Virginia provides standardized forms through the court system (courtswv.gov). The petition must include details about the offense, the date of conviction or dismissal, the case number, and your personal information.
3. File with the circuit court in the county where the arrest or conviction occurred. West Virginia charges a filing fee, generally between $100 and $200 depending on the county.
4. Serve the prosecutor. The county prosecutor's office receives notice and has 30 days to object or request a hearing.
5. Hearing (if required). If the prosecutor objects or the court requires one, a hearing is scheduled. The judge evaluates whether granting expungement is in the interest of justice. Factors considered include time elapsed, conduct since conviction, and the nature of the offense.
6. Order issued and implemented. Upon grant, the expungement order is sent to WVSP, the arresting agency, the court clerk, and any other custodians of the record. WVSP seals the criminal history. The WV eCourts portal is updated to reflect the expungement.

Online Exposure After West Virginia Expungement

West Virginia's court portal (courtswv.gov) provides public access to case records and is widely used by employers, landlords, and background check companies. After expungement, the clerk seals the court record and the portal is updated. However, one more step remains: data brokers that previously copied court records from the WV portal do not automatically update that data when an expungement order is entered, so those removals are pursued separately.

Companies like Spokeo, BeenVerified, and Intelius regularly scrape state court portals and maintain their own databases. When you expunge your West Virginia record, those private databases are not notified. They will continue to display your expunged record until you specifically contact each site and request removal - a time-consuming process that involves dozens of separate opt-out submissions.

Additionally, West Virginia has a number of local news websites that publish arrest reports. These private publications are not subject to expungement orders and are not required to remove content. However, many will honor written requests accompanied by an expungement order, particularly for arrests that did not result in conviction.

Reputation Resolutions handles the complete online removal process - from data broker opt-outs to news archive outreach - so you don't have to navigate it alone.

West Virginia Court Records: What Shows Where