Expunging a Criminal Record in West Virginia (2026)
Reviewed by DocDraft Legal Team · West Virginia · Last updated August 19, 2026
West Virginia calls its record-clearing relief expungement, and it is available in two main tracks. Records of an arrest that ended in acquittal or dismissal can be expunged under W. Va. Code 61-11-25. Eligible convictions can be expunged under W. Va. Code 61-11-26, which the 2019 Second Chance for Employment Act broadly expanded to reach many misdemeanors and certain nonviolent felonies. Petitions are filed in the circuit court, and there is no enacted automatic clean-slate sealing yet. Violent felonies, DUI, sex offenses, and crimes against minors remain excluded.
Find out where you stand in West Virginia
What are you trying to clear?
DocDraft provides document preparation, not legal advice.
What record-clearing relief does West Virginia offer and what is it called?
West Virginia calls its relief expungement. Non-conviction records from an acquittal or dismissal can be expunged under W. Va. Code 61-11-25, and eligible convictions can be expunged under W. Va. Code 61-11-26, broadly expanded by the 2019 Second Chance for Employment Act. Petitions are filed in circuit court.
Can you expunge or seal a felony in West Virginia?
Some felonies, yes. Under W. Va. Code 61-11-26, certain nonviolent felonies can be expunged after a five-year wait from conviction or completion of the sentence or supervision. Felonies of violence against a person, offenses where the victim was a minor, sex offenses, and DUI are categorically excluded and cannot be expunged.
Does West Virginia have automatic clean-slate expungement?
Not currently. West Virginia is a petition-only state: you must file a civil petition in the circuit court to clear either a non-conviction under 61-11-25 or an eligible conviction under 61-11-26. Automatic clean-slate sealing has been proposed in the Legislature but is not yet enacted, so no records clear on their own.
What is eligible to expunge in West Virginia and what is the waiting period?
Under W. Va. Code 61-11-26, a single misdemeanor is eligible one year after conviction or completion of the sentence or supervision; multiple misdemeanors after two years from the last one; and eligible nonviolent felonies after five years. Non-convictions under 61-11-25 can be petitioned 60 days after acquittal or dismissal.
West Virginia's Two Expungement Tracks: Non-Convictions Under 61-11-25 and Convictions Under 61-11-26
West Virginia uses the term expungement, and relief runs on two statutory tracks filed as a civil petition in the circuit court where the charge arose. First, W. Va. Code 61-11-25 lets a person found not guilty, or against whom charges were dismissed, petition to expunge the arrest and charge records; that petition may be filed no sooner than 60 days after the order of acquittal or dismissal. Second, W. Va. Code 61-11-26, broadly expanded by the 2019 Second Chance for Employment Act, allows expungement of eligible convictions. A single misdemeanor becomes eligible one year after conviction or completion of any sentence of incarceration or period of supervision, whichever is later; multiple misdemeanors require a two-year wait measured from the last conviction; and eligible nonviolent felonies require a five-year wait. The statute caps how many convictions can be cleared and excludes felony offenses of violence against a person, offenses in which the victim was a minor, sex offenses, and DUI-related convictions. West Virginia has no enacted automatic clean-slate sealing, so relief is petition-only. After a court grants expungement, the order is directed to the arresting agency and the West Virginia State Police repository so the record is updated. An expungement is not always a complete erasure, and law enforcement, licensing boards, and immigration authorities may still access sealed information in some circumstances.
Relevant Laws
Expungement of Non-Convictions (W. Va. Code 61-11-25)
Allows a person found not guilty, or against whom charges were dismissed, to file a civil petition in circuit court to expunge the arrest and charge records. The petition may be filed no sooner than 60 days after the order of acquittal or dismissal, and the prosecutor and arresting agency are notified.
Expungement of Certain Convictions (W. Va. Code 61-11-26)
The Second Chance for Employment Act, expanded in 2019, permits expungement of eligible convictions after set waits: one year for a single misdemeanor, two years for multiple misdemeanors, and five years for an eligible nonviolent felony, with caps and offense exclusions.
Alternative Conviction Expungement Pathway (W. Va. Code 61-11-26a)
Provides an alternative expungement route for persons convicted of nonviolent felonies or multiple misdemeanors who successfully complete substance abuse treatment or job readiness programs, which can allow relief in some cases on different terms than 61-11-26.
Petition-Only Relief; No General Federal Expungement
West Virginia has no enacted automatic clean-slate sealing, so relief requires a petition in circuit court. There is also no general federal expungement of state convictions; record-clearing of a West Virginia conviction is governed by West Virginia law.
Regional Variances
West Virginia Expungement Eligibility Table
Relief type and name
West Virginia calls its relief expungement. Non-conviction records are cleared under W. Va. Code 61-11-25; eligible convictions are cleared under W. Va. Code 61-11-26 (the Second Chance for Employment Act, expanded 2019). Petitions are civil filings in the circuit court where the charge arose.
Non-convictions (acquittals and dismissals)
Under W. Va. Code 61-11-25, a person found not guilty or whose charges were dismissed may petition to expunge the arrest and charge records. The petition may be filed no sooner than 60 days after the order of acquittal or dismissal, not in exchange for a guilty plea to another offense.
Conviction expungement and waiting periods
Under W. Va. Code 61-11-26, a single misdemeanor is eligible one year after conviction or completion of the sentence or supervision; multiple misdemeanors after two years from the last conviction; and eligible nonviolent felonies after five years. The statute caps how many convictions may be cleared.
Excluded offenses
W. Va. Code 61-11-26 excludes felony offenses of violence against a person, offenses in which the victim was a minor, sex offenses, and DUI-related convictions, along with certain other offenses. These convictions cannot be expunged under West Virginia's conviction expungement statute.
Clean-slate status
West Virginia is petition-only. There is no enacted automatic clean-slate sealing; proposals have been introduced in the Legislature but not enacted. After a court grants expungement, the order is sent to the arresting agency and the West Virginia State Police repository to update the record.
Suggested Compliance Checklist
Confirm West Virginia eligibility and that the waiting period has run
Before you file days after startingVerify your offense is not excluded under W. Va. Code 61-11-26 and that the applicable wait has passed: one year for a single misdemeanor, two years for multiple misdemeanors, or five years for an eligible nonviolent felony. For a non-conviction, confirm at least 60 days have passed since the acquittal or dismissal under 61-11-25.
Obtain your West Virginia criminal history record
Before drafting the petition days after startingRequest your criminal history from the West Virginia State Police, which maintains the state repository, and confirm each arrest, charge, and disposition and the dates that start your waiting period. Correct any errors before you file so the petition matches the official record.
Prepare the correct West Virginia expungement petition
Before filing days after startingUse the West Virginia Judiciary petition form that matches your track: a 61-11-25 petition for a non-conviction or the appropriate 61-11-26 petition for an eligible conviction, including felony and misdemeanor versions. Complete every disposition and date the form requires.
File in the correct circuit court and address the filing fee
When you are ready to file days after startingFile the civil petition in the circuit court of the county where the charge or conviction arose and pay the circuit clerk's filing fee, or request a fee waiver by financial affidavit if you cannot afford it. Keep stamped copies of everything filed.
Serve the prosecutor, attend any hearing, and confirm the update
After filing, through the hearing days after startingEnsure the prosecuting attorney and arresting agency are notified and attend any hearing the court sets. If the order is granted, confirm it reaches the arresting agency and the West Virginia State Police so the record is updated. An attorney can help if the petition is contested or the eligibility rules are unclear.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm West Virginia eligibility and that the waiting period has run | Verify your offense is not excluded under W. Va. Code 61-11-26 and that the applicable wait has passed: one year for a single misdemeanor, two years for multiple misdemeanors, or five years for an eligible nonviolent felony. For a non-conviction, confirm at least 60 days have passed since the acquittal or dismissal under 61-11-25. | - | Before you file |
| Obtain your West Virginia criminal history record | Request your criminal history from the West Virginia State Police, which maintains the state repository, and confirm each arrest, charge, and disposition and the dates that start your waiting period. Correct any errors before you file so the petition matches the official record. | - | Before drafting the petition |
| Prepare the correct West Virginia expungement petition | Use the West Virginia Judiciary petition form that matches your track: a 61-11-25 petition for a non-conviction or the appropriate 61-11-26 petition for an eligible conviction, including felony and misdemeanor versions. Complete every disposition and date the form requires. | - | Before filing |
| File in the correct circuit court and address the filing fee | File the civil petition in the circuit court of the county where the charge or conviction arose and pay the circuit clerk's filing fee, or request a fee waiver by financial affidavit if you cannot afford it. Keep stamped copies of everything filed. | - | When you are ready to file |
| Serve the prosecutor, attend any hearing, and confirm the update | Ensure the prosecuting attorney and arresting agency are notified and attend any hearing the court sets. If the order is granted, confirm it reaches the arresting agency and the West Virginia State Police so the record is updated. An attorney can help if the petition is contested or the eligibility rules are unclear. | - | After filing, through the hearing |
Frequently Asked Questions
You pay the circuit court's civil filing fee, which the county circuit clerk sets, plus any service costs. If you cannot afford the fee, you can ask the court to waive fees and costs by filing a financial affidavit demonstrating financial hardship. Fees vary by county, so confirm the current amount with the circuit clerk where you file.
After you file in circuit court, the prosecuting attorney and arresting agency are notified and given time to respond, and the court may set a hearing. From filing to a signed order commonly takes a few months, depending on the county's docket and whether anyone objects. The waiting period under the statute must already be satisfied before you file.
Sometimes. Expungement removes the record from public view, but West Virginia law and practice allow certain agencies, including law enforcement and some licensing or background-check authorities, to access sealed information in defined circumstances. Federal immigration authorities may also still see the underlying record. An expungement is not always a complete erasure for every purpose.
Generally yes for an expunged record. Once a conviction is expunged under W. Va. Code 61-11-26, it is treated as removed for most public and employment purposes, and you usually may answer that you have not been convicted. Some settings, such as certain licensing or law-enforcement applications, may still require disclosure, so review the specific question carefully.
No. Driving under the influence convictions are among the offenses excluded from expungement under W. Va. Code 61-11-26, along with felony offenses of violence against a person, sex offenses, and offenses in which the victim was a minor. A DUI conviction therefore cannot be cleared through West Virginia's conviction expungement statute.
Other West Virginia guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.