How to file to clear a record in West Virginia

How to ask a West Virginia court to clear your record, what it costs and which forms to use.

Checked against official sources: October 25, 2026.

Short answer

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.

Main remedy
Expungement after acquittal, dismissal, diversion or deferred adjudication (W. Va. Code § 61-11-25)
Cost
No filing fees or costs.
Forms
2

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

Checklist: what to gather before you file

Exclusions in West Virginia

  • Expungement after acquittal, dismissal, diversion or deferred adjudication (W. Va. Code § 61-11-25): 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.
  • Expungement of misdemeanor and nonviolent felony convictions (W. Va. Code § 61-11-26): 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.
  • Expungement with approved treatment or job-readiness program (W. Va. Code § 61-11-26a): Same exclusions as § 61-11-26.
  • Expungement after a full and unconditional pardon (W. Va. Code § 5-1-16a): First degree murder, treason, kidnapping, and sex offenses under § 61-8B.

Law: W. Va. Code § 61-11-25; W. Va. Code §§ 61-11-26, 61-11-26b; W. Va. Code § 61-11-26a; W. Va. Code § 5-1-16a

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)

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

In nearby states

  • Virginia: No court fees or costs to file. You may pay a service fee if you have the sheriff serve the prosecutor; hand delivery or mail avoids it.
  • Ohio: No filing fee to seal a dismissal, not-guilty or no-bill case (Ohio Legal Help).
  • Maryland: No filing fee for acquittal, dismissal, PBJ, nolle prosequi, stet or not-criminally-responsible dispositions.

What to do now in West Virginia

  1. Collect what you need

    Collect your case numbers, final court papers and proof of payment. Checklist: what to gather before you file.

  3. File and serve

    The clerk takes the petition; the court may set a hearing.

  4. Ask for free help

    Ask for free help: Legal Aid of West Virginia.

Free help in West Virginia

Questions about filing in West Virginia

When can I ask to clear my record 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.

What is the filing fee 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.

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.

Who helps for free in West Virginia?

Legal Aid of West Virginia.

Related West Virginia pages