How long you wait to clear a record in West Virginia
How long you wait in West Virginia for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
In West Virginia you wait a set time before you can ask. The time depends on the case.
- Main remedy
- Expungement after acquittal, dismissal, diversion or deferred adjudication (W. Va. Code § 61-11-25)
- Waiting periods
- 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
Your earliest date 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.
Waiting periods: 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
Waiting periods: 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
Source: Official text
Waiting periods: 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
Waiting periods: 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
In nearby states
- Virginia: Misdemeanor conviction or deferred dismissal: 7 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it
- Ohio: Found not guilty or case dismissed: No waiting period, counted from the not-guilty finding or dismissal
- District of Columbia: Arrest or charge, no conviction: No waiting period, counted from end of the case (dismissal, no papering, or other final disposition without conviction)
Steps after the wait in West Virginia
Check your dates
Your court papers show when the case ended and when your sentence was done.
Check the other rules
The wait is only one rule; the court looks at the whole record.
File when you are ready
After the wait, the next step is the petition. How to file.
Get help
Ask for free help: Legal Aid of West Virginia.
Free help in West Virginia
Questions about waiting periods in West Virginia
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.
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.