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West Virginia Expungement Laws: How to Clear or Seal a Criminal Record

How to expunge or seal a criminal record in West Virginia: arrests, misdemeanors, felonies, DUI, juvenile records, waiting periods, fees and how to file.

Quick answers for West Virginia

What relief the state offers
West Virginia offers "expungement," which means removing from all public records any evidence that a person was charged with or convicted of a crime. The court seals its own records, and other agencies expunge theirs. W. Va. Code §§ 61-11-25, 61-11-26, 61-11-26a, 5-1-16a
Misdemeanor convictions
A person convicted of a misdemeanor may petition the circuit court one year after the latest of conviction, release from incarceration, or end of supervision. W. Va. Code § 61-11-26(a)-(c), (h), (o)
Felony convictions
A person convicted of a nonviolent felony (or felonies from the same transaction) may petition five years after the latest of conviction, release from incarceration, or end of supervision. W. Va. Code §§ 61-11-26(a)(2), (b)(3), (c), (p)(5), 61-11-26a
Automatic (clean slate) relief
The statutes reviewed provide no automatic expungement of adult records. A petition is required. Juvenile records may be placed in a separate, confidential file one year after the person's 18th birthday or the end of court jurisdiction, whichever is later. W. Va. Code §§ 61-11-25, 61-11-26, 49-5-104

Last verified: 2026-10-27

Who qualifies

What relief the state offersWest Virginia offers "expungement," which means removing from all public records any evidence that a person was charged with or convicted of a crime. The court seals its own records, and other agencies expunge theirs. Expungement is available for acquittals and dismissals, charges dismissed after pretrial diversion or deferred adjudication, certain misdemeanor and nonviolent felony convictions, and convictions with a full and unconditional pardon from the Governor.
Source: W. Va. Code §§ 61-11-25, 61-11-26, 61-11-26a, 5-1-16a
Arrests and dismissed chargesA person who was found not guilty, or whose charges were dismissed (other than in exchange for a guilty plea to another offense), may file a civil petition in the circuit court where the charges were filed. The petition can be filed no sooner than 60 days after the acquittal or dismissal. The same applies to charges dismissed after the person successfully completed pretrial diversion or deferred adjudication. Exceptions: certain domestic battery and assault charges against a family or household member that were dismissed after deferred adjudication cannot be expunged. A person with a prior felony conviction cannot use this section. If no related charges are pending, the court may seal its records and order other agencies to expunge theirs.
Source: W. Va. Code § 61-11-25
Misdemeanor convictionsA person convicted of a misdemeanor may petition the circuit court one year after the latest of conviction, release from incarceration, or end of supervision. For multiple misdemeanors, the wait is two years after the last of these. Excluded offenses include misdemeanors involving intentional injury to a minor or a law-enforcement officer, domestic battery or assault against certain family members, DUI, offenses involving a deadly weapon, sex offenses, and certain other listed offenses. The petitioner must prove by clear and convincing evidence that the waiting period has passed, no charges are pending, they have been rehabilitated and are law-abiding, and expungement is consistent with the public welfare. A person can receive this conviction expungement only once.
Source: W. Va. Code § 61-11-26(a)-(c), (h), (o)
Felony convictionsA person convicted of a nonviolent felony (or felonies from the same transaction) may petition five years after the latest of conviction, release from incarceration, or end of supervision. Excluded: felony crimes of violence against the person, felonies with a minor victim, sex offenses, offenses involving a deadly weapon, burglary of a dwelling, DUI, offenses the judge found sexually motivated, and other listed offenses. The court must also find that the felony did not involve violence or potential violence. People who completed an approved substance-abuse treatment program, or a job-readiness training course approved by the state Department of Education, may petition sooner: three years for a nonviolent felony.
Source: W. Va. Code §§ 61-11-26(a)(2), (b)(3), (c), (p)(5), 61-11-26a
DUI / DWI convictionsNo. DUI convictions cannot be expunged. However, a DUI conviction that is at least five years old when the petition is filed does not prevent expungement of an unrelated felony that is otherwise eligible. Driving-under-the-influence records at the Division of Motor Vehicles are also not expunged through a non-conviction expungement order.
Source: W. Va. Code §§ 61-11-26(c)(7), 61-11-25(a)
Juvenile recordsOne year after the person's 18th birthday, or one year after juvenile court jurisdiction ends (whichever is later), juvenile proceeding records, including law-enforcement files, may be kept in a separate, secure, confidential file. They can be inspected only by circuit court order. Marking the records confidential has the legal effect of extinguishing the offense as if it never occurred. This does not apply when a juvenile was transferred to adult court and convicted there. Discriminating against someone in employment, housing, education, credit or contracts because of expunged juvenile proceedings is prohibited and can lead to penalties and damages.
Source: W. Va. Code §§ 49-5-104, 49-4-723

How to apply

How to applyFile a petition, verified under oath, in the circuit court where the conviction happened. It must include all names used, all addresses since the offense, date of birth and Social Security number, case details, the offenses, any victims and protective orders, the sentence, the reasons for expungement, and evidence of rehabilitation. Serve it on the State Police Superintendent, the county prosecutor, the arresting agency, any prison where the person was held, and the court that handled the charge. The prosecutor notifies victims. Anyone opposing has 30 days to file a notice of opposition, and the petitioner has 30 days to reply. Within 60 days of filing, the court grants the petition, returns it for corrections, sets a hearing, or denies it.
Source: W. Va. Code § 61-11-26(d)-(j)
Filing feeFor conviction expungement, the circuit clerk charges the same fee as for starting a civil action. A person who gets an expungement order also pays $100 to the West Virginia State Police records division for processing. That $100 fee is waived for petitions based on a treatment or job-readiness program. There are no filing fees or costs for petitions to expunge records of acquittals, dismissals, or charges dismissed after diversion or deferred adjudication.
The statutes reviewed do not say whether the civil filing fee can be waived for people who cannot afford it.
Source: W. Va. Code §§ 61-11-26(n), 61-11-26a(c), 61-11-25(g)
Automatic (clean slate) reliefThe statutes reviewed provide no automatic expungement of adult records. A petition is required. Juvenile records may be placed in a separate, confidential file one year after the person's 18th birthday or the end of court jurisdiction, whichever is later.
Source: W. Va. Code §§ 61-11-25, 61-11-26, 49-5-104
Getting a copy of your criminal recordThe West Virginia State Police Criminal Records section handles state criminal history. Fingerprint-based background checks are not done at State Police headquarters or local law enforcement agencies; you must schedule an appointment with IdentoGO (www.identogo.com or 855-766-7746). WVSP Criminal Records: (304) 746-2418.
Source: West Virginia State Police, Criminal Records

After your record is cleared

What clearing a record doesAfter expungement, the proceedings are legally considered never to have occurred, and the court and agencies answer that no record exists. The person does not have to disclose the record on job, credit or other applications. The exception is applicants for law enforcement, prosecution or corrections jobs, who must disclose all convictions. Employers required by state or federal law to run criminal background checks may learn of expunged convictions. Sealed court records can be inspected only on the person's motion or a prosecutor's petition for a criminal investigation or prosecution.
The provisions reviewed do not address firearm rights. Expungement may not change how federal immigration authorities treat a conviction.
Source: W. Va. Code §§ 61-11-26(l)-(m), 61-11-25(e)-(f)
PardonsThe Governor grants pardons under the state constitution. A person with a full and unconditional pardon may petition the circuit court in the county of conviction to expunge the record. They must wait one year after the pardon and five years after discharge of the sentence. The petition is served on the prosecutor, and a notice must be published as a legal advertisement. After a hearing, the court may order expungement if there is good cause. Pardon records held by the Governor, the Legislature and the Secretary of State are not expunged. First-degree murder, treason, kidnapping and sex offenses under Article 8B cannot be expunged this way.
Source: W. Va. Code § 5-1-16a

Where to get help in West Virginia

Expungement & Criminal Records FAQ

Can you get a criminal record expunged in West Virginia?
West Virginia offers "expungement," which means removing from all public records any evidence that a person was charged with or convicted of a crime. The court seals its own records, and other agencies expunge theirs. Expungement is available for acquittals and dismissals, charges dismissed after pretrial diversion or deferred adjudication, certain misdemeanor and nonviolent felony convictions, and convictions with a full and unconditional pardon from the Governor.
Can you clear an arrest or dismissed charge in West Virginia?
A person who was found not guilty, or whose charges were dismissed (other than in exchange for a guilty plea to another offense), may file a civil petition in the circuit court where the charges were filed. The petition can be filed no sooner than 60 days after the acquittal or dismissal. The same applies to charges dismissed after the person successfully completed pretrial diversion or deferred adjudication. Exceptions: certain domestic battery and assault charges against a family or household member that were dismissed after deferred adjudication cannot be expunged. A person with a prior felony conviction cannot use this section. If no related charges are pending, the court may seal its records and order other agencies to expunge theirs.
Can a misdemeanor be expunged in West Virginia?
A person convicted of a misdemeanor may petition the circuit court one year after the latest of conviction, release from incarceration, or end of supervision. For multiple misdemeanors, the wait is two years after the last of these. Excluded offenses include misdemeanors involving intentional injury to a minor or a law-enforcement officer, domestic battery or assault against certain family members, DUI, offenses involving a deadly weapon, sex offenses, and certain other listed offenses. The petitioner must prove by clear and convincing evidence that the waiting period has passed, no charges are pending, they have been rehabilitated and are law-abiding, and expungement is consistent with the public welfare. A person can receive this conviction expungement only once.
Can a felony be expunged in West Virginia?
A person convicted of a nonviolent felony (or felonies from the same transaction) may petition five years after the latest of conviction, release from incarceration, or end of supervision. Excluded: felony crimes of violence against the person, felonies with a minor victim, sex offenses, offenses involving a deadly weapon, burglary of a dwelling, DUI, offenses the judge found sexually motivated, and other listed offenses. The court must also find that the felony did not involve violence or potential violence. People who completed an approved substance-abuse treatment program, or a job-readiness training course approved by the state Department of Education, may petition sooner: three years for a nonviolent felony.
Does West Virginia have automatic record clearing (clean slate)?
The statutes reviewed provide no automatic expungement of adult records. A petition is required. Juvenile records may be placed in a separate, confidential file one year after the person's 18th birthday or the end of court jurisdiction, whichever is later.
Can a DUI be expunged in West Virginia?
No. DUI convictions cannot be expunged. However, a DUI conviction that is at least five years old when the petition is filed does not prevent expungement of an unrelated felony that is otherwise eligible. Driving-under-the-influence records at the Division of Motor Vehicles are also not expunged through a non-conviction expungement order.
How do you seal a juvenile record in West Virginia?
One year after the person's 18th birthday, or one year after juvenile court jurisdiction ends (whichever is later), juvenile proceeding records, including law-enforcement files, may be kept in a separate, secure, confidential file. They can be inspected only by circuit court order. Marking the records confidential has the legal effect of extinguishing the offense as if it never occurred. This does not apply when a juvenile was transferred to adult court and convicted there. Discriminating against someone in employment, housing, education, credit or contracts because of expunged juvenile proceedings is prohibited and can lead to penalties and damages.
How do you file for expungement in West Virginia?
File a petition, verified under oath, in the circuit court where the conviction happened. It must include all names used, all addresses since the offense, date of birth and Social Security number, case details, the offenses, any victims and protective orders, the sentence, the reasons for expungement, and evidence of rehabilitation. Serve it on the State Police Superintendent, the county prosecutor, the arresting agency, any prison where the person was held, and the court that handled the charge. The prosecutor notifies victims. Anyone opposing has 30 days to file a notice of opposition, and the petitioner has 30 days to reply. Within 60 days of filing, the court grants the petition, returns it for corrections, sets a hearing, or denies it.
How much does expungement cost in West Virginia?
For conviction expungement, the circuit clerk charges the same fee as for starting a civil action. A person who gets an expungement order also pays $100 to the West Virginia State Police records division for processing. That $100 fee is waived for petitions based on a treatment or job-readiness program. There are no filing fees or costs for petitions to expunge records of acquittals, dismissals, or charges dismissed after diversion or deferred adjudication.
What happens after a record is expunged or sealed in West Virginia?
After expungement, the proceedings are legally considered never to have occurred, and the court and agencies answer that no record exists. The person does not have to disclose the record on job, credit or other applications. The exception is applicants for law enforcement, prosecution or corrections jobs, who must disclose all convictions. Employers required by state or federal law to run criminal background checks may learn of expunged convictions. Sealed court records can be inspected only on the person's motion or a prosecutor's petition for a criminal investigation or prosecution.
How do you get a pardon in West Virginia?
The Governor grants pardons under the state constitution. A person with a full and unconditional pardon may petition the circuit court in the county of conviction to expunge the record. They must wait one year after the pardon and five years after discharge of the sentence. The petition is served on the prosecutor, and a notice must be published as a legal advertisement. After a hearing, the court may order expungement if there is good cause. Pardon records held by the Governor, the Legislature and the Secretary of State are not expunged. First-degree murder, treason, kidnapping and sex offenses under Article 8B cannot be expunged this way.
How do I check my own criminal record in West Virginia?
The West Virginia State Police Criminal Records section handles state criminal history. Fingerprint-based background checks are not done at State Police headquarters or local law enforcement agencies; you must schedule an appointment with IdentoGO (www.identogo.com or 855-766-7746). WVSP Criminal Records: (304) 746-2418.

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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.