West Virginia West Virginia

Below is a general overview of when juvenile records can be sealed in West Virginia. Please note that the Clean Slate Clearinghouse does not provide legal advice.

Read the legal policies and statutes for detailed statutory information.

Juvenile Record Clearance Policies Overview  

  • Most juvenile records are automatically sealed after you turn 19 or one year after your case, probation, or commitment ends, whichever occurs last. You should not have to do anything to get the record sealed.

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If you think you might be eligible to have your record sealed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.

Explore legal service providers located in the state by proximity to a zip code or county.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The Clean Slate Clearinghouse does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Records relating to a misdemeanor conviction or convictions arising from the same transaction committed while the petitioner was between the ages of 18 and 26 can be expunged by the court one year after sentence completion, so long as the petitioner meets specified criteria. W. Va. Code § 61-11-26(a), (b).

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Records relating to an offense for which the petitioner received a full and unconditional pardon from the governor can be expunged by the court no sooner than five years after sentence completion and one year after receipt of the pardon. W. Va. Code §§ 5-1-16a(a), (c), (d).

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Records relating to a non-violent felony conviction can be expunged by the court after five years. W. Va. Code §61-11-26.

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Records relating to multiple misdemeanor convictions can be expunged by the court after two years. W. Va. Code §61-11-26.

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Records relating to one misdemeanor conviction can be expunged by the court after one year. W. Va. Code §61-11-26.

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Records relating to a case that is dismissed pursuant to section 60-6-26 can be expunged by the court six months after probation is completed. W. Va. Code § 60-6-26(e).

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Records relating to a case that is dismissed pursuant to 60A-4-407 can be expunged by the court six months after probation completion. W. Va. Code § 60A-4-407(b).

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Fingerprints and photographs taken in response to an arrest or detention for which the petitioner is later acquitted can be returned upon request, so long as the petitioner has no prior criminal record. W. Va. Code § 15-2-24(h).

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Records relating to an arrest or charge resulting in acquittal or dismissal can be expunged by the court 60 days after the order of acquittal or dismissal, so long as petitioner has no prior criminal record. W. Va. Code § 61-11-25(a), (b).

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Records relating to a juvenile delinquency proceeding will be sealed one year after the juvenile's 18th birthday or one year after personal or juvenile jurisdiction of the court is terminated, whichever is later. W. Va. Rules of Juv. Proc., Rule 50(a).

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Records relating to a juvenile proceeding transferred to criminal jurisdiction shall be sealed if the juvenile is subsequently acquitted of the offense, found guilty only of an offense other than the offense upon which the transfer or waiver was based, or the offense upon which the transfer or waiver was based was subsequently dismissed. W. Va. Rules of Juv. Proc., Rule 50(b).

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