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.
West Virginia's 2020 expansion may have made your felony record eligible for expungement for the first time. Let us help you assess eligibility and navigate the process. Learn more about background check reports on our blog.
Get a Free Record AssessmentUnder § 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
- 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.
- 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.
- 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.
- Serve the prosecutor. The county prosecutor's office receives notice and has 30 days to object or request a hearing.
- 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.
- 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, the fundamental challenge remains: data brokers that previously copied court records from the WV portal will not automatically remove or update that data when an expungement order is entered.
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.
W. Va. Code § 61-11-26 governs expungement in West Virginia. The 2020 expansion added first-offense nonviolent felony convictions, with a 5-year waiting period after sentence completion. Misdemeanor convictions require only 1 year. Official court records are available at courtswv.gov. Statutory text is at wvlegislature.gov.
West Virginia has no automatic expungement program. All petitions must be filed with the circuit court in the county where the offense occurred.
Authoritative Resources
Related Guides
West Virginia Court Records: What Shows Where
| Record Type / Platform | Legal Relief Available? | Online Removal Possible? |
|---|---|---|
| Arrest without conviction / dismissed charge | Yes - § 61-11-26(b) (no wait) | Yes - after expungement order |
| Misdemeanor conviction (eligible) | Yes - § 61-11-26 (1yr wait) | Yes - after expungement order |
| First-offense nonviolent felony (2020 expansion) | Yes - § 61-11-26 (5yr wait) | Yes - after expungement order |
| DUI / DWI conviction | No - categorically excluded | Partial - data broker removal and suppression |
| Domestic violence conviction | No - categorically excluded | Partial - data broker removal possible |
| Violent felony | No - categorically excluded | Partial - data broker removal possible |
| Multiple prior felony convictions | No - prior record disqualifies | Partial - data broker removal and suppression |
| WV eCourts portal listing | Yes - sealed after expungement | Yes - for sealed records post-expungement |
| Data broker / background check sites | No legal remedy | Yes - opt-out and removal requests |
| News archive articles | No legal remedy | Sometimes - voluntary removal by publisher |
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Frequently Asked Questions
West Virginia's 2020 legislation expanded W. Va. Code § 61-11-26 to add first-offense nonviolent felony convictions to the list of expungeable offenses. Before 2020, West Virginia expungement was largely limited to misdemeanor convictions and arrests without conviction. The 2020 expansion was a significant step in making more West Virginians eligible for record relief.
For misdemeanor convictions, the waiting period is generally 1 year from sentence completion. For first-offense nonviolent felony convictions (added in 2020), the waiting period is 5 years from sentence completion, including release from any supervision. Dismissed charges and acquittals have no waiting period.
Yes, but only under specific conditions. West Virginia allows expungement of first-offense nonviolent felony convictions after a 5-year waiting period from sentence completion. The felony must not be on the excluded list (violent offenses, sex offenses, crimes against children, DUI). If you have prior felony convictions, you are generally ineligible.
West Virginia's judiciary maintains an online case search portal accessible through courtswv.gov. After a successful expungement, the circuit court clerk updates the state records and the West Virginia State Police (WVSP) is notified to update criminal history. The court portal should reflect the expungement, but third-party data brokers that previously scraped the portal will not automatically update their records.
West Virginia does not have a general automatic expungement program. All expungements require a petition filed with the circuit court. There is no clean slate legislation as of 2026 that would automatically seal records without individual petitions.
West Virginia circuit court filing fees for expungement petitions are typically $135–$165 depending on the county. From filing to a signed order generally takes 3–5 months, assuming no objection from the prosecuting attorney. The prosecuting attorney must be served and has an opportunity to object before the court can grant the petition. Once granted, the West Virginia State Police (WVSP) criminal history is updated within 30–60 days. Attorney fees, if you hire counsel, typically run $800–$2,000 for straightforward misdemeanor expungements.
After West Virginia expungement, the WVSP criminal history is updated and you may legally answer "no" to conviction questions on most employment applications. However, employers who use third-party background check companies that previously scraped courtswv.gov may still see the record until those companies are separately contacted with your expungement order and a removal request. Under the FCRA, consumer reporting agencies must report accurate information - an expunged record that continues to appear is disputable. Proactive outreach to background check companies with documentation is essential after expungement.
West Virginia's § 61-11-26 excludes the following from expungement: any violent crime as defined in W. Va. Code § 61-11B-4, sex offenses requiring registration under § 15-12-2, DUI offenses under § 17C-5-2, crimes involving the use of a firearm, offenses against children or family members under certain provisions, and any offense where the maximum possible penalty exceeds 10 years imprisonment (with limited exceptions for first-offense felonies). Individuals with prior felony convictions (for a different offense) are also generally ineligible for felony expungement.