Expungement after acquittal, dismissal, diversion or deferred adjudication (W. Va. Code § 61-11-25) in West Virginia: which records can be cleared
Which records West Virginia lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Expungement after acquittal, dismissal, diversion or deferred adjudication (W. Va. Code § 61-11-25)
- What it covers
- 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.
- Ways to clear a record
- 4
Which records can 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
What you can say afterwards
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)
Records from when you were under 18
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
In nearby states
- Virginia: Sealing; expungement (for charges that did not end in a conviction)
- Ohio: Sealing and expungement
- District of Columbia: Record sealing and expungement
- Maryland: Expungement; shielding
What to do now in West Virginia
See what is on your record
Your record lists each case; you need it to see which remedy fits. West Virginia Judiciary: Petition for Expungement of Misdemeanor Violations (SCA-C906) and West Virginia Judiciary: Petition for Expungement of Felony Violations (SCA-C907).
Count the waiting period
Waiting periods differ by case and remedy. Waiting periods.
Start the case
You file the request in the court that handled the case. How to file.
Get help
Ask for free help: Legal Aid of West Virginia.
Free help in West Virginia
Questions about clearing a record in West Virginia
What does West Virginia call expungement?
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 I clear a conviction 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.
Are juvenile records sealed 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.
Who can still see a cleared record 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.