How to Clear Your Criminal Record in West Virginia

What You Need to Know First

Upon expungement, the proceedings are deemed never to have occurred. West Virginia expungement means the court and all agencies must reply to any inquiry that no record exists. You are not required to disclose the expunged record on employment, credit, or other applications — with one important exception: anyone applying for a position in law enforcement, prosecution, or incarceration must disclose all convictions regardless of expungement.

Critical rule for non-conviction expungement: Under § 61-11-25, if you have ever been convicted of a felony anywhere — even in another state — you cannot petition for expungement of a dismissed or acquitted charge. A prior felony conviction permanently bars § 61-11-25 eligibility. Conviction expungement under § 61-11-26 has separate rules and is not similarly barred by prior felonies.

West Virginia has three pathways for clearing a criminal record depending on your offense and circumstances.

§ 61-11-25 — Non-Conviction

DISMISSED / ACQUITTED / DIVERSION

For arrests where charges were dismissed, acquittals, and successful pretrial diversion or deferred adjudication completions. File a civil petition 60 days after dismissal or acquittal. Barred if you have any prior felony conviction. No $100 State Police fee for non-convictions.

§ 61-11-26 — Conviction

MISDEMEANORS + NONVIOLENT FELONIES

Petition-based expungement for misdemeanor convictions (1 year wait) and nonviolent felony convictions (5 year wait). $100 State Police processing fee. Certain violent felonies, sex offenses, and DUI felonies permanently ineligible. Judge has discretion to grant or deny.

§ 61-11-26a — Expedited

TREATMENT OR JOB TRAINING COMPLETERS

Shorter waiting periods for those who complete substance abuse treatment or a Department of Education-approved job readiness course. Felony wait reduced from 5 years to 3 years. Multiple misdemeanor wait cut from 2 years to 1 year. $100 State Police fee waived.

What Can — and Can't — Be Expunged

ELIGIBLE FOR EXPUNGEMENT

Dismissed charges — petition after 60 days (§ 61-11-25)
Acquittals — petition after 60 days (§ 61-11-25)
Pretrial diversion completion — petition after 60 days
Deferred adjudication completion — petition after 60 days
Single misdemeanor conviction — after 1 year (§ 61-11-26)
Multiple misdemeanor convictions — after 2 years from last conviction
Nonviolent felony conviction — after 5 years (or 3 years expedited)
First-time drug possession — after 6 months of probation (§ 60A-4-407)
Full and unconditional pardon — after 1 year from pardon and 5 years from sentence
Human trafficking victim offenses (§ 61-14-9)

NOT ELIGIBLE FOR EXPUNGEMENT

Crimes involving use of a deadly weapon
Sexual offenses
Crimes against children
Felony DUI / DWI
First-degree murder, treason, kidnapping (for pardon pathway)
Domestic violence offenses (certain types under § 61-2-28)
§ 61-11-25 petition — if you have any prior felony conviction
Pending criminal charges
Currently serving sentence or on supervision

Waiting Periods

Conviction waiting periods run from whichever is latest: date of conviction, completion of any incarceration, or completion of any period of supervision. All sentence conditions must be complete before the clock starts.

Dismissed / acquitted / diversion completion

60 days

First-time drug possession — after probation

6 months

Single misdemeanor conviction

1 year

Multiple misdemeanors (expedited — treatment/job training)

1 year

Multiple misdemeanor convictions (standard)

2 years

Nonviolent felony (expedited — treatment/job training)

3 years

Nonviolent felony conviction (standard)

5 years

The Expedited Pathway — Treatment and Job Training

West Virginia's § 61-11-26a offers significantly shorter waiting periods for people who complete substance abuse treatment or a Department of Education-approved job readiness course — and waives the $100 State Police fee. If you have completed a qualifying treatment or training program, you can file for expungement sooner and save money. You must document completion with an official certificate or program record.

SUBSTANCE ABUSE TREATMENT COMPLETERS

Must have medically documented history of substance abuse
Must have successfully complied with a treatment or recovery and counseling program approved by the Secretary of the Department of Health
Single misdemeanor — eligible immediately after sentence completion
Multiple misdemeanors — eligible after 1 year (not 2)
Nonviolent felony — eligible after 3 years (not 5)
$100 State Police fee waived

JOB READINESS COURSE GRADUATES

Must graduate from a WV Department of Education-approved job readiness adult training course
Same expedited waiting periods as treatment completers
Single misdemeanor — eligible after sentence completion
Multiple misdemeanors — eligible after 1 year
Nonviolent felony — eligible after 3 years
$100 State Police fee waived

How to File — Step by Step

1

Get Your West Virginia Criminal History

Request your criminal history from the West Virginia State Police Criminal Records Unit to confirm what is on your record and verify eligibility. Visit wvsp.gov. Review every charge, conviction, and date before choosing which pathway to file under.

2

Download the Correct Court Form

Get the correct expungement petition form from the West Virginia Supreme Court of Appeals at courtswv.gov. Use Form SCA-C906 for misdemeanor conviction expungements and Form SCA-C907 for felony conviction expungements. For non-conviction expungements under § 61-11-25, use the appropriate civil petition form for that section.

3

Complete the Petition Under Oath

The petition must be verified under oath and include: your current name and all aliases, all addresses since the date of the offense, your date of birth and Social Security number, the date of arrest, court, and case number, the statute and offense charged and convicted, names of any victims, and information about any previous expungement petitions. For expedited § 61-11-26a filings, also attach documentation of treatment completion or job training graduation certificate.

4

File in the Circuit Court of the County of Conviction

File your petition in the Circuit Court in the county where the conviction or charge occurred. Pay the court filing fee and the $100 State Police processing fee (waived for § 61-11-26a filers). The court notifies the prosecuting attorney and may schedule a hearing. The prosecuting attorney has an opportunity to respond to the petition.

5

Hearing and Judge's Decision

The court may set a hearing date. For conviction expungements, the judge has discretion and will consider your rehabilitation, the nature of the offense, and whether expungement serves the interests of justice. If granted, the court orders all agencies to expunge or seal their records. Each agency must certify compliance within 60 days. All expungement orders are themselves sealed.

Official Forms

WV Courts — Form SCA-C906 (Misdemeanor)

Official West Virginia petition to expunge misdemeanor conviction records from the Supreme Court of Appeals

Visit courtswv.gov →

WV Courts — Form SCA-C907 (Felony)

Official West Virginia petition to expunge felony conviction records from the Supreme Court of Appeals

Visit courtswv.gov →

WV State Police — Criminal History Request

Request your West Virginia criminal history record before filing your expungement petition

Visit wvsp.gov →

Find Your West Virginia Circuit Court

Find the circuit court in the county where your conviction occurred to file your expungement petition

Visit courtswv.gov →

Helpful Resources

FREE LEGAL HELP

Legal Aid of West Virginia

Free civil legal help for low-income West Virginians statewide — including expungement guidance and petition assistance

legalaidwv.org →

FREE LEGAL HELP

WV Free Legal Answers

Free online legal advice from volunteer attorneys for low-income West Virginians — including expungement questions

wv.freelegalanswers.org →

HOUSING, FOOD & BENEFITS

findhelp.org

Search thousands of free and reduced-cost programs for housing, food, work, and more in your area

findhelp.org →

JOB SEARCH HELP

American Job Centers

Free job search assistance, resume help, and training — including resources for people with records

careeronestop.org →

WV STATE BAR

WV State Bar — Lawyer Referral

Find a licensed West Virginia attorney for expungement help — especially valuable for felony petitions

wvlawyerreferral.com →

COURT RECORDS

West Virginia Courts

Access West Virginia court records, forms, and self-help resources from the Supreme Court of Appeals

courtswv.gov →

Frequently Asked Questions

My case was dismissed. Can I get it expunged if I have a prior felony? +

No — this is one of the most important and surprising rules in West Virginia expungement law. Under § 61-11-25, any person who has previously been convicted of a felony anywhere is permanently barred from filing a petition to expunge a dismissed charge or acquittal. This applies to out-of-state felony convictions as well. If you have a prior felony conviction, you cannot use § 61-11-25 regardless of how old the felony is or how clearly innocent you are of the dismissed charge. Your options would be to seek a pardon for the prior felony or consult an attorney about alternative remedies.

How does the expedited pathway under § 61-11-26a work? +

West Virginia's § 61-11-26a allows people who complete qualifying substance abuse treatment or a Department of Education-approved job readiness course to petition for expungement sooner and without the $100 State Police fee. For a nonviolent felony, the waiting period drops from 5 years to 3 years. For multiple misdemeanors, it drops from 2 years to 1 year. You must document your completion — for treatment, you need medically documented history of substance abuse and a certificate from an approved program. For job training, you need a graduation certificate from a WV Department of Education-approved course. Bring these documents with your petition.

Can I still have to disclose my record after expungement? +

For most purposes, no — you are not required to disclose expunged records on employment, credit, or other applications, and you cannot be found guilty of perjury for not disclosing them. However there is one critical exception: any person applying for a position in law enforcement, prosecution, incarceration, or investigation of criminal violations must disclose all convictions regardless of expungement. This covers police officers, prosecutors, correctional officers, and similar positions. If you are applying for criminal justice employment, expunged convictions are still disclosable.

Can a felony be expunged in West Virginia? +

Yes — nonviolent felony convictions can be expunged in West Virginia under § 61-11-26. The standard waiting period is 5 years from whichever is latest: conviction, release from incarceration, or discharge from supervision. You can only petition for expungement of multiple felonies if they arose from the same transaction or series of transactions — you cannot expunge multiple unrelated felony convictions in a single petition. Violent felonies, sexual offenses, crimes against children, and felony DUI are permanently ineligible.

What is pretrial diversion and how does it lead to expungement? +

West Virginia's pretrial diversion program (§ 61-11-22) and deferred adjudication program (§ 61-11-22a) allow first-time or eligible offenders to have charges dismissed after completing a supervision period and meeting program requirements. Once charges are dismissed following successful completion, you can petition for expungement of all records related to the arrest and charges under § 61-11-25 — after 60 days. This is one of the strongest outcomes available because it avoids a conviction entirely and leads to expungement. If you are currently facing charges, ask your attorney about diversion eligibility.

Do I need an attorney? +

Not required — Legal Aid of West Virginia and WV Free Legal Answers provide free guidance, and the courts provide forms. For simple dismissed-charge expungements with no prior felony convictions, many people file successfully on their own. For felony expungements, cases involving the expedited § 61-11-26a pathway, or situations with complex histories, working with a West Virginia attorney significantly improves your outcome. The judge has broad discretion on conviction expungements — a well-prepared petition with strong evidence of rehabilitation makes a real difference.

After Your Record Is Expunged

After expungement in West Virginia, the proceedings are deemed never to have occurred. The court and all agencies must reply to any inquiry that no record exists. You are not required to disclose the record on most applications.

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Employment

Expunged records are sealed and you do not have to disclose them on most employment applications. You cannot be found guilty of perjury for not disclosing expunged matters. Exception: positions in law enforcement, prosecution, investigation, or incarceration require disclosure of all convictions regardless of expungement status. Check whether your target employer or profession falls within this exception.

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Agency Compliance

All agencies ordered to expunge records must certify compliance to the court within 60 days of the expungement order. The court enforces compliance through sealed orders. All expungement orders are themselves sealed — even the fact that you sought expungement is confidential.

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Background Check Databases

After expungement, state court and law enforcement records are sealed. Private background check databases may still show old data. Keep your expungement order and dispute any records that still appear. The West Virginia State Police must update their records upon receiving the court's expungement order and certification.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.