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Criminal Statutes of Limitations in West Virginia

How long prosecutors in West Virginia have to file charges for felonies and misdemeanors, and which crimes have no time limit.

Short answer: Felonies: West Virginia has no generally applicable statute of limitation for the prosecution of a felony ('West Virginia has no statute of limitations affecting felony prosecutions,' State v. Carrico, 189 W.Va. W. Va. Code § 61-11-9; State v. Carrico, 189 W.Va. 40 (1993), as quoted in State ex rel. State v. Young, No. 25-371 (W. Va. 2026) (Trump, J., dissenting)

Criminal statutes of limitationsFelonies: West Virginia has no generally applicable statute of limitation for the prosecution of a felony ('West Virginia has no statute of limitations affecting felony prosecutions,' State v. Carrico, 189 W.Va. 40, 43 (1993)), subject to some statutory exceptions, such as perjury, which must be prosecuted within three years next after the perjury was committed. Misdemeanors: prosecution must be commenced within one year after the offense was committed (with a proviso for lost or destroyed indictments).
Court source: https://www.courtswv.gov/sites/default/pubfilesmnt/2026-04/25-371%20Justice%20Trump%20Separate%20Opinion.pdf
Source: W. Va. Code § 61-11-9; State v. Carrico, 189 W.Va. 40 (1993), as quoted in State ex rel. State v. Young, No. 25-371 (W. Va. 2026) (Trump, J., dissenting)

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FAQ

What is the statute of limitations for crimes in West Virginia?
Felonies: West Virginia has no generally applicable statute of limitation for the prosecution of a felony ('West Virginia has no statute of limitations affecting felony prosecutions,' State v. Carrico, 189 W.Va. 40, 43 (1993)), subject to some statutory exceptions, such as perjury, which must be prosecuted within three years next after the perjury was committed. Misdemeanors: prosecution must be commenced within one year after the offense was committed (with a proviso for lost or destroyed indictments).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.