Can I get my criminal record expunged in West Virginia?

West Virginia has limited expungement options. Dismissed charges and acquittals may be eligible. Pardons may be available through the executive branch. Consult an attorney for current options.

How long does the expungement process take?

This varies by jurisdiction. Contact an attorney or the court clerk for current processing times.

Will an expunged record show up on a background check?

No. An expunged record should not appear on standard commercial background checks used by employers and landlords. However, law enforcement, certain government agencies, and some professional licensing boards may still have access to sealed records. Federal databases (FBI) may also retain information.

Can I say I was never convicted after expungement?

This depends on your jurisdiction's specific expungement or sealing provisions. In general, if a record is properly sealed, you may deny the conviction on most private applications.

How much does expungement cost?

Costs vary by jurisdiction. They include a filing fee and the cost of obtaining your criminal history report. Attorney fees, if you hire one, are additional.

Topic guideUpdated 2026-02-27

West Virginia Expungement — How to Clear Your Record

Which offenses qualify, waiting periods, the filing process, and what expungement means for your future.

Expungement — the process of sealing or destroying a criminal record so that it is no longer visible to the public — is limited in West Virginia. Understanding what is and is not available can help you plan for your future.

West Virginia's current expungement landscape

West Virginia has limited or no general expungement statute for criminal convictions. Options may include:

Dismissals and acquittals — If charges were dismissed or you were acquitted, you may be able to have the arrest record sealed or expunged
Pardons — Executive clemency (pardon) from the governor may be available, though pardons do not seal the record
Certificates of rehabilitation — Some states offer certificates that restore certain rights without sealing the record

Why expungement matters

Even without a formal expungement process, understanding the impact of a criminal record is important:

Employment — Many employers conduct background checks. A criminal record can bar you from jobs even years after the offense
Housing — Landlords routinely screen applicants and may deny housing based on criminal history
Professional licensing — Many licensed professions (healthcare, law, education, finance) conduct criminal history reviews
Firearms — Felony convictions result in permanent loss of firearms rights under federal law
Voting — Felony disenfranchisement rules vary by state; in many states, voting rights are restored after completion of sentence

Steps you can take

Obtain your criminal history

Request your official criminal history report from the state bureau of investigation to understand exactly what appears on your record.

Consult an attorney

Even in states with limited expungement, an attorney can identify options you may not be aware of — record correction, pardon applications, or certificates of rehabilitation.

Document rehabilitation

Regardless of formal expungement availability, maintaining employment records, community service, education, and character references can help in pardon applications and in presenting your case to employers.

✓Even in states with limited expungement, the law is evolving. Many states have expanded record-clearing options in recent years. Check with an attorney about current eligibility.

Prepare for Your Consultation

Quick checklist (Criminal Defense)

Bring what you have — your attorney can help fill gaps.

Charges or arrest

paperwork

Court dates

and hearing notices

Your timeline of events

(brief)

General preparation tips only. Procedures vary by jurisdiction.

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