Clearing a criminal record in West Virginia
In West Virginia it is called expungement: when a court grants expungement in West Virginia, court records are sealed and other agencies' records, including police records, are expunged. Some misdemeanor and felony convictions may be cleared.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in West Virginia?
Expungement — When a court grants expungement in West Virginia, court records are sealed and other agencies' records, including police records, are expunged; the case is treated as never having happened and agencies answer that no record exists. Employers that must run state or federal background checks, and law-enforcement and corrections employers, can still learn of expunged convictions.
West Virginia has 4 ways to clear a record. Each covers different records and has its own waiting period.
Expungement after acquittal, dismissal, diversion or deferred adjudication (W. Va. Code § 61-11-25)
Charges ending in a not-guilty verdict or dismissal (not dismissed in exchange for a guilty plea to something else), and charges dismissed after you fully completed pretrial diversion or deferred adjudication
| Kind of case | Waiting period | Counted from |
|---|---|---|
Acquittal or dismissal | See the rule File no sooner than 60 days after the acquittal or dismissal. | Order of acquittal or dismissal |
- Not eligible
- Not available if you have a prior felony conviction. Charges dismissed after deferred adjudication cannot be expunged for §§ 61-2-28(a)-(b), 61-2-9(a), 61-2-9a or 61-2-9(b)-(c) when the alleged victim is a family or household member. DMV records tied to § 17C-5-2b are not expunged. Records of a finding of not guilty by reason of mental illness, intellectual disability or addiction are exempt.
Law: W. Va. Code § 61-11-25
Source: Official text
Expungement of misdemeanor and nonviolent felony convictions (W. Va. Code § 61-11-26)
Misdemeanor convictions (one or several) and nonviolent felony convictions arising from the same transaction or series of transactions
| Kind of case | Waiting period | Counted from |
|---|---|---|
One misdemeanor | 1 year Wait 1 year after the conviction or after you finish jail or supervision, whichever is later. | Conviction, end of incarceration or end of supervision, whichever is later |
More than one misdemeanor | 2 years Wait 2 years after the last conviction or after you finish its sentence or supervision, whichever is later. | The last conviction, end of incarceration or end of supervision for it, whichever is later |
Nonviolent felony | 5 years Wait 5 years after the conviction or after you finish prison or supervision, whichever is later. | Conviction, end of incarceration or end of supervision, whichever is later |
- Not eligible
- Felony crimes of violence against the person; misdemeanors that intentionally injure a minor or a police officer; felonies where the victim was a minor; sex offenses; offenses where you used or showed a deadly weapon or dangerous instrument; domestic violence offenses and assault or battery against a spouse, co-parent or former cohabitant; DUI (an unrelated felony can still be expunged if the DUI is at least 5 years old); offenses under §§ 61-2-29, 61-2-9a, 17B-4-3, 61-8-12, 61-8-19, 61-8B-8, 61-8B-9 and 17E-1-13(g); burglary of a dwelling; offenses the judge found sexually motivated; and conspiracy or attempt to commit these felonies. Traffic convictions of commercial drivers cannot be expunged.
- Limits
- You can get relief under §§ 61-11-26 and 61-11-26a only once in your lifetime. The conviction(s) must be your only conviction(s) for that offense in the state.
Law: W. Va. Code §§ 61-11-26, 61-11-26b; § 61-8B-1 et seq; § 61-2-28; § 61-2-9(b)-(c); § 61-3-11; § 61-11-26b
Source: Official text
Expungement with approved treatment or job-readiness program (W. Va. Code § 61-11-26a)
Convictions eligible under § 61-11-26, if you have a documented history of substance abuse and successfully complied with an approved treatment or recovery program, or graduated from a Department of Education-approved job readiness adult training course
| Kind of case | Waiting period | Counted from |
|---|---|---|
One misdemeanor | See the rule Eligible after 90 days of successful treatment compliance or completing the job course, once any sentence or supervision is finished. | End of sentence or supervision |
Multiple misdemeanors | 1 year Wait 1 year instead of 2. | The last conviction, end of incarceration or end of supervision, whichever is later |
Nonviolent felony | 3 years Wait 3 years instead of 5. | Conviction, end of incarceration or end of supervision, whichever is later |
- Not eligible
- Same exclusions as § 61-11-26.
- Limits
- Counts toward the once-in-a-lifetime limit shared with § 61-11-26.
Law: W. Va. Code § 61-11-26a
Source: Official text
Expungement after a full and unconditional pardon (W. Va. Code § 5-1-16a)
Convictions for which the Governor granted a full and unconditional pardon
| Kind of case | Waiting period | Counted from |
|---|---|---|
Pardoned conviction | 1 year Wait at least 1 year after the pardon. | The pardon |
Pardoned conviction | 5 years And at least 5 years after you were discharged from the sentence. | Discharge of the sentence |
- Not eligible
- First degree murder, treason, kidnapping, and sex offenses under § 61-8B.
Law: W. Va. Code § 5-1-16a
Source: Official text
When can I file? Waiting periods in West Virginia
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in West Virginia
Expungement after acquittal, dismissal, diversion or deferred adjudication (W. Va. Code § 61-11-25)
File a civil petition in the circuit court where the charges were filed. The court may set a hearing and notify the prosecutor and arresting agency. If no charges are pending on the matter, the court may grant it.
- Cost
- No filing fees or costs.
Law: W. Va. Code § 61-11-25(g)
Expungement of misdemeanor and nonviolent felony convictions (W. Va. Code § 61-11-26)
File a verified petition in the circuit court where you were convicted. Serve the State Police Superintendent, the prosecutor, the arresting agency, any prison or jail where you were held, and the court that decided the case. They have 30 days to oppose; you may reply within 30 days. Within 60 days the court grants, denies, returns the petition for corrections, or sets a hearing. You must prove by clear and convincing evidence that you are eligible, have no pending charges, are rehabilitated, and that expungement fits the public welfare.
- Cost
- Circuit clerk filing fee equal to the fee for a civil action under § 59-1-11(a)(1), which is $200; plus a $100 fee to the West Virginia State Police records division if the expungement is granted.
Law: W. Va. Code §§ 61-11-26(n), 59-1-11
Expungement with approved treatment or job-readiness program (W. Va. Code § 61-11-26a)
Same petition process as § 61-11-26, plus documents showing treatment compliance or the job course certificate.
- Cost
- Court filing fee as under § 61-11-26; the $100 State Police processing fee is waived.
Law: W. Va. Code § 61-11-26a(c)
Expungement after a full and unconditional pardon (W. Va. Code § 5-1-16a)
Petition the circuit court in the county of conviction, serve the prosecutor, and publish a legal notice of the hearing in that county. The court verifies the pardon and holds a hearing.
Court self-help
Free help in West Virginia
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (West Virginia State Police, Criminal Records Section (Criminal Identification Bureau)) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for West Virginia.
Clearing a record in West Virginia by topic
Expungement after acquittal, dismissal, diversion or deferred adjudication (W. Va. Code § 61-11-25) in West Virginia
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in West Virginia
How long you wait for each kind of case, and a date helper.
How to file in West Virginia
The steps, the cost, fee waivers, the forms and court self-help.
Juvenile records in West Virginia
One year after your 18th birthday, or one year after juvenile court jurisdiction ends (whichever is later), juvenile records may be kept in a separate confidential file that can be opened only by circuit court order; marking them confidential legally extinguishes the offense as if it never occurred. This does not apply if you were transferred to adult court and convicted there.
Law: W. Va. Code § 49-5-104
Pardons in West Virginia
- Who decides
- Governor of West Virginia
- How
- The Governor may grant full or conditional pardons after conviction and must report each one to the Legislature. One year after a full and unconditional pardon (and 5 years after discharge of the sentence), you can petition to expunge the conviction.
Law: W. Va. Const. art. VII, § 11; W. Va. Code §§ 5-1-16, 5-1-16a
After your record is cleared in West Virginia
After expungement the proceedings are considered never to have occurred; courts and agencies answer that no record exists, and you do not have to disclose it on applications for jobs, credit or other applications, and cannot be charged with perjury for not mentioning it. Exceptions for convictions: if you apply for work in law enforcement, prosecution or corrections you must disclose all convictions, and employers required by state or federal law to run background checks may learn of expunged convictions. A prosecutor can ask the court to open sealed records for a criminal investigation.
Law: W. Va. Code §§ 61-11-25(e)-(f), 61-11-26(l)-(m)
Get your own record in West Virginia
West Virginia State Police, Criminal Records Section (Criminal Identification Bureau) · 304-746-2418
Background checks, including a check of your own record, are done only through the state's fingerprint vendor IdentoGO (identogo.com, 855-766-7746); you can no longer get one at State Police headquarters. Before asking for expungement, WVSP says to get this check to see which charges it holds, then contact the circuit clerk in the county of arrest and file the petition with the circuit court. After expungement, WVSP sends a certified letter to the circuit clerk; WVSP does not give expungement status by phone.
Letter: ask the state records office for a copy of your record
Good to know in West Virginia
- Expungement of convictions under §§ 61-11-26 and 61-11-26a is available only once in a lifetime.
Law: W. Va. Code § 61-11-26(o)
- Completing approved substance abuse treatment or a job readiness course shortens the waits and waives the $100 State Police fee.
Law: W. Va. Code § 61-11-26a
- People who had a sentence reduced under the repealed § 61-11B can ask the court to convert it into an expungement.
Law: W. Va. Code § 61-11-26(r)
Changes in 2024–2026
2024 HB 4399 amended § 61-11-25 (non-conviction, diversion and deferred adjudication expungement), and 2024 HB 4274 amended § 61-11-26a. No 2025 or 2026 changes to these expungement sections were enacted.
Source: treatment and job program expungement
Questions about clearing a record in West Virginia
What is clearing a record called in West Virginia?
Expungement. When a court grants expungement in West Virginia, court records are sealed and other agencies' records, including police records, are expunged; the case is treated as never having happened and agencies answer that no record exists. Employers that must run state or federal background checks, and law-enforcement and corrections employers, can still learn of expunged convictions.
Can convictions be cleared in West Virginia?
Expungement after acquittal, dismissal, diversion or deferred adjudication: Charges ending in a not-guilty verdict or dismissal (not dismissed in exchange for a guilty plea to something else), and charges dismissed after you fully completed pretrial diversion or deferred adjudication. Expungement of misdemeanor and nonviolent felony convictions: Misdemeanor convictions (one or several) and nonviolent felony convictions arising from the same transaction or series of transactions. Expungement with approved treatment or job-readiness program: Convictions eligible under § 61-11-26, if you have a documented history of substance abuse and successfully complied with an approved treatment or recovery program, or graduated from a Department of Education-approved job readiness adult training course. Expungement after a full and unconditional pardon: Convictions for which the Governor granted a full and unconditional pardon.
How long do I have to wait in West Virginia?
Acquittal or dismissal: File no sooner than 60 days after the acquittal or dismissal, counted from order of acquittal or dismissal; One misdemeanor: 1 year, counted from conviction, end of incarceration or end of supervision, whichever is later; More than one misdemeanor: 2 years, counted from the last conviction, end of incarceration or end of supervision for it, whichever is later; Nonviolent felony: 5 years, counted from conviction, end of incarceration or end of supervision, whichever is later.
How much does it cost to clear a record in West Virginia?
Expungement after acquittal, dismissal, diversion or deferred adjudication: No filing fees or costs. Expungement of misdemeanor and nonviolent felony convictions: Circuit clerk filing fee equal to the fee for a civil action under § 59-1-11(a)(1), which is $200; plus a $100 fee to the West Virginia State Police records division if the expungement is granted. Expungement with approved treatment or job-readiness program: Court filing fee as under § 61-11-26; the $100 State Police processing fee is waived.
Can juvenile records be cleared in West Virginia?
One year after your 18th birthday, or one year after juvenile court jurisdiction ends (whichever is later), juvenile records may be kept in a separate confidential file that can be opened only by circuit court order; marking them confidential legally extinguishes the offense as if it never occurred. This does not apply if you were transferred to adult court and convicted there.
What can I say after my record is cleared in West Virginia?
After expungement the proceedings are considered never to have occurred; courts and agencies answer that no record exists, and you do not have to disclose it on applications for jobs, credit or other applications, and cannot be charged with perjury for not mentioning it. Exceptions for convictions: if you apply for work in law enforcement, prosecution or corrections you must disclose all convictions, and employers required by state or federal law to run background checks may learn of expunged convictions. A prosecutor can ask the court to open sealed records for a criminal investigation.
How do I get a copy of my criminal record in West Virginia?
Background checks, including a check of your own record, are done only through the state's fingerprint vendor IdentoGO (identogo.com, 855-766-7746); you can no longer get one at State Police headquarters. Before asking for expungement, WVSP says to get this check to see which charges it holds, then contact the circuit clerk in the county of arrest and file the petition with the circuit court. After expungement, WVSP sends a certified letter to the circuit clerk; WVSP does not give expungement status by phone.