West Virginia Expungement: The Complete 2026 Guide
West Virginia reformed its expungement law in 2019 with SB 152. Here is who may qualify, waiting periods, and what the law actually says.
Before 2019, West Virginia had extremely limited expungement options. If you had a felony conviction, you were essentially stuck with it forever. Senate Bill 152, which took effect in June 2019, changed that in a meaningful way. For the first time, West Virginia allowed people with certain nonviolent felony convictions to petition for expungement. It also shortened the waiting period for misdemeanors and created a clearer process overall.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What SB 152 changed in 2019
The 2019 reform under Senate Bill 152 was a turning point for West Virginia. Before this law, expungement in the state was limited to arrests without conviction and a narrow set of misdemeanors. Felonies were effectively permanent.
SB 152 made three major changes:
- Created felony expungement — nonviolent felonies became eligible for the first time, with a 2-year waiting period after completing the sentence
- Shortened misdemeanor waiting periods — from 2 years down to 1 year for most misdemeanors
- Codified a clear petition process — standardized forms, filing procedures, and timelines for the prosecuting attorney review
The law is codified at W. Va. Code 61-11-26. If you were convicted of a nonviolent offense in West Virginia and have not looked into expungement since 2019, it is worth checking again.
Who may be eligible in West Virginia
May qualify
- Most misdemeanor convictions, after 1 year from sentence completion
- Nonviolent felony convictions, after 2 years from sentence completion
- Drug possession offenses (misdemeanor or felony), after the applicable waiting period
- Cases dismissed by the court or prosecutor
- Acquittals (not guilty verdicts)
- Arrests where no charges were filed
- Cases completed through a diversion or deferred adjudication program
Generally does not qualify
- Violent felonies as defined under W. Va. Code
- Sexual offenses, including offenses requiring sex offender registration
- Offenses against minors
- DUI convictions (W. Va. Code 17C-5-2)
- Domestic violence offenses
- Offenses involving firearms used during the commission of a crime
- Cases with outstanding fines, restitution, or court costs
- Active or pending charges in any jurisdiction
West Virginia law has a specific exclusion list for violent and sexual offenses. The classification of the offense matters — review the statute or consult with legal aid to confirm your specific charge qualifies.
Waiting periods
The waiting period in West Virginia is measured from the date you completed your entire sentence. That means all jail time served, all probation completed, all fines paid, and all restitution satisfied. If any part of the sentence remains outstanding, you are not eligible to petition.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Misdemeanor convictions
Clock starts: Date of completion of sentence (including probation)
Most misdemeanors qualify. DUI is a notable exception.
Nonviolent felony convictions
Clock starts: Date of completion of sentence (including supervised release)
Added by the 2019 reforms. Only nonviolent felonies not on the exclusion list.
Drug possession offenses
Clock starts: Date of completion of sentence
Possession offenses have their own pathway. Manufacturing and distribution may not qualify.
Dismissed charges or acquittals
Clock starts: Date of dismissal or acquittal
No waiting period. You can petition right away.
Arrests with no charges filed
Clock starts: After the statute of limitations has expired or charges are declined
If the statute of limitations has not expired, the prosecutor may object.
What expungement means in West Virginia
When a court grants an expungement in West Virginia, the record is treated as if it does not exist for most purposes. You may legally answer "no" when asked about criminal convictions on employment applications, housing applications, and similar forms.
However, certain agencies retain access to expunged records:
- Law enforcement agencies can still see expunged records for law enforcement purposes.
- Federal databases (FBI NCIC) are not automatically updated by a state expungement order.
- Some professional licensing boards may still access expunged records during the licensing process.
- Federal firearms background checks (NICS) may still reflect the original conviction depending on the offense.
- Immigration proceedings are governed by federal law — state expungement does not eliminate immigration consequences.
- Private background check companies have up to 90 days to update, and some are slow to comply.
For most private employment and housing purposes, expungement in West Virginia is effective. The record will not appear on standard background checks after the expungement order is processed.
How to file for expungement
The petition process in West Virginia
- 1
Obtain your West Virginia criminal history
7-14 business days$25Request your criminal history from the West Virginia State Police Criminal Identification Bureau (CIB). This report shows all arrests, charges, and dispositions in West Virginia. You need it for case numbers and to verify eligibility.
You can submit a fingerprint card by mail to the CIB or use an electronic fingerprinting service at select locations. The mail process is slower but works statewide.
- 2
Get your court records from the circuit clerk
1-5 days$5-$15 per documentContact the circuit court clerk in the county where your case was heard. Request copies of the charging document, the judgment of conviction, and the sentencing order. You need these to confirm the offense class and your completion date.
- 3
Complete the Petition for Expungement
1-2 hoursFreeWest Virginia uses a Petition for Expungement of Criminal Record form. You fill in your personal information, case number, the specific charges, the statutory basis (W. Va. Code 61-11-26), and a statement that you have completed your sentence and met the waiting period. The form is available from the circuit clerk or the West Virginia judiciary website.
Make sure you list every charge in the case that you want expunged. If there are multiple counts, each must be identified.
- 4
File with the circuit court and pay the filing fee
1 day$100 filing fee (fee waiver available)File your completed petition at the circuit clerk office in the county where your case was heard. The filing fee is set by statute. If you cannot afford it, request a fee waiver using the court indigency form at the same window.
- 5
Prosecuting attorney review period
30 daysFreeThe court sends a copy of your petition to the prosecuting attorney, who has 30 days to respond. The prosecutor can consent, object, or stay silent. If there is no objection and you meet all statutory requirements, the judge may grant the petition without a hearing.
- 6
Hearing (if scheduled)
15-30 minutesFreeIf the prosecutor objects or the judge requests additional information, a hearing is scheduled. At the hearing, you must show that expungement is consistent with the public interest. Bring evidence of rehabilitation: employment records, education, community service, treatment program completion, letters of support.
West Virginia judges have discretion. Even if you meet all technical requirements, showing positive changes since the conviction strengthens your petition.
- 7
Expungement order entered
30-90 days for full updatesFreeIf the judge grants your petition, the expungement order is entered. The court notifies the West Virginia State Police, who update their records. The order is also sent to other agencies listed in your petition. Private background check companies should update within 90 days.
Keep certified copies of the order. If a background check company still shows the record after 90 days, send them the order and demand removal in writing.
Free legal help in West Virginia
- Legal Aid of West Virginia — free civil legal help for qualifying residents: lawv.net or 1-866-255-4370
- West Virginia Senior Legal Aid — assistance for seniors 60 and older
- Mountain State Justice — advocacy and legal services for low-income West Virginians: mountainstatejustice.org
- West Virginia University College of Law Clinical Programs — free legal clinics
- West Virginia State Bar Lawyer Referral Service — connects you with attorneys for initial consultations
Legal Aid of West Virginia is the largest provider and handles expungement cases regularly. They have income eligibility requirements. Contact them early — there may be a waitlist.
Start here
The first step is getting your criminal history from the West Virginia State Police. That report gives you the case numbers, charge codes, and disposition dates you need. From there, use the free options guide to see where you stand under W. Va. Code 61-11-26.
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