West Virginia

Adult criminal records for cases in which you were convicted are eligible for expungement in some situations. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

• Records relating to one misdemeanor conviction can be expunged by the court after one year.
• Records relating to multiple misdemeanor convictions can be expunged by the court after two years.
• Records relating to a non-violent felony conviction can be expunged by the court after five years.
• With certain exceptions, if you were convicted of a misdemeanor committed when you were between18 and 26, the record can be expunged one year after you complete your sentence.

• With certain exceptions, if you were convicted of an offense and received a full and unconditional pardon from the governor, the record can be expunged five years after you complete your sentence and one year after your pardon.

Adult criminal records for cases in which you completed a diversion or deferral program are eligible for expungement in some situations. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.

• In a first-time, alcohol-related case, if the charges were dismissed after you successfully completed conditional discharge probation, the record can be expunged six months after you complete probation.

• In a first-time drug possession case, if the charges were dismissed after you successfully completed conditional discharge probation, the record can be expunged six months after you complete probation.

Adult criminal records for arrests for which you were never convicted are eligible to be returned or expunged in some situations.

• If you were acquitted, fingerprints and photographs can be returned to you immediately, so long as you have no other criminal record. You have to submit proof of the acquittal to the Department of Public Safety.

• With certain exceptions, if the case was dismissed or you were acquitted, arrest and charge records can be expunged 60 days after the acquittal or dismissal, so long as you have no felony convictions. You have to file a petition with the court, and it is up to the judge whether or not to grant your petition.

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.

Find a Lawyer

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.