How to File for Expungement in West Virginia
How to apply to clear a criminal record in West Virginia: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: 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… W. Va. Code § 61-11-26(d)-(j)
| How to apply | 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. Source: W. Va. Code § 61-11-26(d)-(j) |
|---|---|
| Filing fee | 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. The statutes reviewed do not say whether the civil filing fee can be waived for people who cannot afford it. |
| Arrests and dismissed charges | 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. Source: W. Va. Code § 61-11-25 |
| Getting a copy of your criminal record | 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. |
Where to get help in West Virginia
More West Virginia expungement & criminal records
- Getting a Copy of Your West Virginia Criminal Record
- Expunging or Sealing a Felony in West Virginia
- Clearing a DUI From Your Record in West Virginia
- Sealing or Expunging Juvenile Records in West Virginia
- All West Virginia expungement & criminal records rules
FAQ
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.
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.
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.
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.