West Virginia Background Check Laws (2026 Guide)

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title: "West Virginia Background Check Laws: What Employers, Landlords, and Applicants Need to Know" description: "Complete guide to West Virginia background check laws covering [employer screening, Ban the Box status, FCRA rules, lookback periods, expungement, housing checks, licensing, and recent changes."

Overview of West Virginia Background Check Laws

West Virginia does not have a single comprehensive statute regulating how employers must conduct background checks. Instead, the state relies on a combination of federal law and targeted state provisions that apply to specific industries and situations.

The Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964 form the foundation of background check regulation in West Virginia. These federal laws set the baseline requirements for disclosure, consent, and adverse action procedures that every employer must follow when using a third-party consumer reporting agency.

At the state level, West Virginia has enacted laws addressing expungement of criminal records, licensing background checks for regulated professions, and screening requirements for healthcare and childcare workers. The West Virginia Human Rights Act (W.Va. Code 5-11) prohibits employment discrimination based on race, religion, color, national origin, ancestry, sex, age, blindness, or disability, but it does not list criminal history as a protected class.

The West Virginia State Police Criminal Identification Bureau (CIB) serves as the central repository for criminal history records. Criminal history record checks in the state are processed through fingerprint submissions to the State Police and the FBI. The state contracts with IdentoGO by Idemia to securely capture and transmit fingerprints for processing.

Ban the Box in West Virginia

State-Level Status

West Virginia does not have a statewide Ban the Box law for private employers. Private employers can ask about criminal history at any point during the hiring process, including on the initial job application.

House Bill 4229, introduced during the 2024 legislative session, proposed creating a "Ban-the-Box Act" under Article 6A that would apply to public sector employment. Under this proposed legislation, state agencies would be prohibited from inquiring about criminal history on initial employment applications and would instead defer such inquiries until later in the hiring process.

The proposed bill also included provisions requiring that when a background check reveals a criminal history, the state must consider whether the offense is reasonably related to the duties and responsibilities of the position sought. Additionally, an arrest record that did not result in a conviction could not serve as the basis for disqualification from public employment.

As of early 2026, West Virginia has not enacted a statewide Ban the Box law for either public or private employers.

Local Ordinances

While no statewide law exists, some West Virginia municipalities have enacted their own fair chance hiring protections.

Charleston requires employers to defer criminal history inquiries until after a conditional offer of employment has been extended. This local ordinance provides job applicants with an opportunity to be evaluated on their qualifications before criminal history becomes a factor.

Morgantown bars employers from asking about non-violent misdemeanors that are more than five years old. This targeted restriction limits the impact of older, less serious offenses on employment opportunities.

Practical Implications for Employers

Even without a statewide Ban the Box mandate, many West Virginia employers voluntarily delay criminal history questions. This approach aligns with guidance from the Equal Employment Opportunity Commission (EEOC), which recommends that employers conduct individualized assessments considering the nature and gravity of the offense, the time elapsed since conviction, and the relevance of the offense to the job.

The West Virginia Division of Personnel has published a Pre-employment Inquiries Technical Assistance Guide encouraging employers to ask only about criminal convictions that relate directly to the job in question. While not legally binding on private employers, this guidance reflects best practices for reducing discrimination risk.

Lookback Periods and Conviction Reporting Rules

The Seven-Year Rule Under the FCRA

The FCRA establishes a seven-year lookback period for certain types of negative information reported by consumer reporting agencies (CRAs). Under 15 U.S.C. Section 1681c, CRAs generally cannot report the following items if they are more than seven years old:

• Arrests that did not result in a conviction
• Civil suits and civil judgments
• Tax liens (from the date of payment)
• Accounts placed for collection
• Other adverse items (excluding criminal convictions)

West Virginia does not impose a shorter state-level lookback period on any of these categories. The federal seven-year limit is the only restriction.

No State Time Limit on Criminal Convictions

Criminal convictions are a major exception to the FCRA lookback period. In West Virginia, felony and misdemeanor convictions can be reported on a background check indefinitely, regardless of how old the conviction is.

A conviction from 15 or 25 years ago may still appear on a background check in West Virginia. The only way to remove a conviction from a background check is through expungement under W.Va. Code 61-11-25 or 61-11-26.

The $75,000 Salary Exception

For positions where the annual salary is reasonably expected to equal or exceed $75,000, even the FCRA seven-year reporting limit on non-conviction records does not apply. CRAs may report arrests, civil judgments, and other adverse information regardless of age for higher-paying positions.

FCRA Requirements for West Virginia Employers

Since West Virginia does not have a state-level employment screening statute for private employers, federal FCRA rules carry particular weight. Every employer in West Virginia that uses a third-party CRA to conduct background checks must follow these steps.

Before the Background Check

Employers must provide a clear and conspicuous written disclosure to the applicant or employee, informing them that a background check may be conducted. This disclosure must be a standalone document, separate from the job application.

The applicant must provide written authorization consenting to the background check before it is initiated. Without written consent, a CRA cannot lawfully provide the report to the employer.

When Taking Adverse Action

If an employer decides not to hire, promote, or retain someone based in whole or in part on the results of a background check, the employer must follow the FCRA adverse action process:

1. Pre-adverse action notice. Before making a final decision, the employer must provide the individual with a copy of the background check report and a summary of their rights under the FCRA.

2. Waiting period. The employer must give the individual a reasonable amount of time (typically five business days) to review the report and dispute any inaccuracies.

3. Final adverse action notice. If the employer proceeds with the adverse decision, a second notice must be sent. This notice must include the name and contact information of the CRA that provided the report, a statement that the CRA did not make the adverse decision, and notice of the individual's right to obtain a free copy of the report and to dispute its accuracy.

Medical Marijuana Protections

Under W.Va. Code 16A-15-4, West Virginia employers face an additional restriction related to medical marijuana. No employer may discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against an employee based solely on that employee's status as a certified medical cannabis user.

However, several important exceptions apply. Employers are not required to accommodate medical cannabis use on workplace premises. Employers retain the right to discipline employees for being under the influence of medical cannabis during work hours or for performing below the standard of care for their position. Patients may not perform employment duties at heights, in confined spaces (including mining), or any task the employer deems life-threatening while under the influence. Nothing in the Medical Cannabis Act requires employers to violate federal law.

Employer Background Checks

What Employers Can Check

West Virginia employers conducting background checks through a CRA or directly may review:

• Criminal conviction records (no time limit)
• Arrest records (seven-year limit for positions under $75,000)
• Employment and education verification
• Motor vehicle records
• Professional license verification
• Credit history (where relevant to the position)
• Sex offender registry status
• Drug testing results

Industry-Specific Requirements

Certain industries in West Virginia require more rigorous screening. These mandates come from both state and federal law.

Healthcare and Long-Term Care. The WV Clearance for Access: Registry and Employment Screening (WV CARES) program requires fingerprint-based criminal background checks for employees who have direct access to patients in healthcare and long-term care settings. Administered by the West Virginia Department of Health and Human Resources (DHHR) and the State Police CIB, WV CARES provides comprehensive searches of national and state criminal history records. Applicants who receive a fitness determination of "not eligible" due to a disqualifying offense may not be employed, though a variance request process is available within 30 days of the ineligibility notice.

Childcare. Under W.Va. Code Chapter 49, all childcare providers must undergo criminal background checks. The DHHR Bureau for Children and Families maintains a list of disqualifying offenses, which includes crimes against children, violent felonies, and sex offenses. These disqualifications may be permanent for the most serious offenses.

Education. Teachers and school personnel must submit to background checks as part of the licensing and employment process. The West Virginia Department of Education requires criminal history record checks for all applicants seeking initial certification.

Financial Services. For positions bonded for theft, convictions for fraud, embezzlement, or theft within ten years remain disqualifying factors.

Housing and Tenant Background Checks

Landlord Rights in West Virginia

West Virginia landlords are permitted to conduct background checks on prospective tenants, including criminal history checks, credit checks, rental history verification, employment verification, and income verification. The state does not have a law specifically restricting what landlords can review in a tenant screening report.

Consent and FCRA Compliance

Before running a background check through a third-party screening service, landlords must obtain written consent from the applicant, consistent with FCRA requirements. The consent must be documented, typically on the rental application form.

Application Fees

West Virginia does not set a cap on rental application fees. Landlords may charge fees to cover the cost of conducting background and credit checks. Application fees are generally non-refundable, even if the application is denied.

Fair Housing Requirements

West Virginia landlords must comply with both federal and state fair housing laws. Under the federal Fair Housing Act and the West Virginia Human Rights Act (W.Va. Code 5-11), landlords may not discriminate based on race, religion, color, national origin, ancestry, sex, age, blindness, disability, or familial status.

Criminal history is not a protected class under West Virginia law. However, the U.S. Department of Housing and Urban Development (HUD) has issued guidance warning that blanket criminal record screening policies can have a disparate impact on protected classes and may violate the Fair Housing Act. Landlords should apply screening criteria consistently and avoid policies that automatically deny all applicants with any criminal history.

Adverse Action for Tenants

When denying a rental application based on a background check conducted through a CRA, landlords must provide an adverse action notice to the applicant. This notice must explain the reason for denial and include the name of the screening company used, consistent with FCRA requirements.

Professional Licensing Background Checks

West Virginia requires fingerprint-based criminal background checks for a wide range of professional licenses. The requirements are governed by W.Va. Code 30-1D-1, commonly known as "Lynette's Law," which applies to persons applying for first-time licensure by certain boards.

Process and Fees

Applicants must submit fingerprints and authorize the licensing board, West Virginia State Police, and FBI to use all records for screening purposes. IdentoGO by Idemia is the organization authorized by the West Virginia State Police to provide criminal record history check services.

Current fees include:

• IdentoGO fingerprinting and processing: $47.25
• Out-of-state fingerprinting at an IdentoGO enrollment center: Additional $39.95
• Expungement processing fee (State Police): $100

The Rational Nexus Standard

West Virginia uses a rational nexus test for criminal record disqualification in professional licensing. Under W.Va. Code 30-1-24, licensing boards may not disqualify an applicant from initial licensure because of a prior criminal conviction unless that conviction bears a rational nexus to the profession or occupation.

Boards must consider at minimum:

• The nature and seriousness of the crime
• The passage of time since the commission of the crime
• The relationship of the crime to the ability, capacity, and fitness required to perform the duties of the profession
• Any evidence of rehabilitation or treatment undertaken by the individual

Boards may not rely on describing a crime as one of "moral turpitude" as the sole basis for denying licensure.

Reapplication After Disqualification

If an applicant is disqualified, the board must permit reapplication after five years from the date of conviction or release from incarceration, whichever is later, provided the individual has not been convicted of any other crime during that period. Convictions for violent or sexual offenses may result in a longer disqualification period, as determined by the individual board.

Pre-Application Determination

West Virginia provides a valuable option for individuals with criminal records who are considering pursuing a professional license. Any individual may petition the appropriate licensing board for a determination of whether their criminal record will disqualify them from obtaining a license. The board must provide this determination within 60 days of receiving the petition. This process allows people to assess their eligibility before investing time and money in educational and licensing requirements.

Expungement of Criminal Records

West Virginia has expanded its expungement options in recent years, providing pathways for individuals with certain criminal records to clear their history.

Expungement of Dismissed Charges and Acquittals

Under W.Va. Code 61-11-25, a person who was found not guilty or whose charges were dismissed may petition the circuit court for expungement. This provision also covers individuals who successfully completed a deferred adjudication or pretrial diversion program.

Key requirements include:

• The charges must not have been dismissed as part of a plea agreement (for non-diversion cases)
• There must be no prior felony convictions
• There must be no pending charges
• A 60-day waiting period from the date of dismissal or acquittal applies

If the court grants the petition, it orders the sealing of all records in the custody of the court and expungement of records held by any other agency. Every agency with related records must certify to the court within 60 days that the expungement has been completed.

Expungement of Criminal Convictions

Under W.Va. Code 61-11-26, individuals convicted of certain offenses may petition for expungement after meeting specific waiting periods:

• Single misdemeanor: One year after conviction, completion of incarceration, or completion of supervision, whichever is latest
• Multiple misdemeanors: Two years after the last conviction, completion of incarceration, or completion of supervision for the last conviction, whichever is latest
• Nonviolent felony (or multiple nonviolent felonies from the same transaction): Five years after conviction, completion of incarceration, or completion of supervision, whichever is latest

Accelerated Expungement

Under W.Va. Code 61-11-26A, an accelerated expungement option is available for nonviolent felony convictions. Individuals who complete an approved long-term substance abuse treatment program or a job readiness training program (such as those offered through the Jobs and Hope WV program) may petition for expungement after three years instead of the standard five-year waiting period.

Ineligible Offenses

Not all convictions qualify for expungement. Offenses that are generally excluded include:

• Most DUI convictions
• Violent crimes
• Sexual offenses
• Crimes against children
• Other offenses specifically excluded by statute

Effect of Expungement

When a conviction is expunged in West Virginia, the criminal record is deleted and the individual is restored to the status they held before the offense occurred. The state removes or seals the record from all official sources, making it inaccessible to the public. An expunged record will not appear on standard background checks conducted by employers, landlords, or licensing agencies.

A person who obtains an expungement must pay a $100 fee to the records division of the West Virginia State Police for processing the order.

Automatic Expungement

Beginning July 1, 2024, the West Virginia Department of Homeland Security began identifying cases on a monthly basis that are eligible for automatic expungement. This represents a significant shift toward proactive record clearing, reducing the burden on individuals who would otherwise need to petition the court and navigate the legal process on their own.

West Virginia State Police Criminal Records Access

Criminal history records in West Virginia are not public records. The Criminal Identification Bureau may furnish fingerprints, photographs, records, or other information to private or public agencies, persons, firms, associations, corporations, or other organizations only when all requests are accompanied by a written authorization signed and acknowledged by the person whose records are being requested.

Individuals seeking their own criminal history record can request a check through IdentoGO at www.identogo.com or by calling 855-766-7746. The process requires scheduling an appointment for fingerprinting at an approved location.

Employers and other entities conducting authorized background checks must obtain proper consent and submit requests through approved channels. The CIB processes background checks for pre-employment, housing, licensing and certification, and personal information purposes.

Recent Changes and Developments

Several recent developments have shaped the landscape of background check law in West Virginia:

2024: Automatic Expungement Implementation. The Department of Homeland Security began monthly identification of cases eligible for automatic expungement, streamlining the process of clearing qualifying records without requiring individual petitions.

2024: HB 4229 Ban-the-Box Proposal. House Bill 4229 proposed creating a Ban-the-Box Act for public sector employment. While the bill did not pass, it signaled growing interest in fair chance hiring practices within the state.

2025: Attorney General AI Guidance. The West Virginia Attorney General issued guidance in 2025 requiring disclosure, bias audits, and human review options for any AI decision tool used in employment screening. This guidance applies to employers using automated systems to evaluate background check results or make hiring recommendations.

Jobs and Hope WV Program. This state program continues to provide pathways to employment and record relief for individuals with criminal backgrounds, including partnerships with Legal Aid of West Virginia for expungement assistance and access to accelerated expungement under W.Va. Code 61-11-26A.

Federal EEOC and CFPB Enforcement. Federal enforcement of FCRA requirements and anti-discrimination standards continues to intensify nationwide. West Virginia employers should ensure their screening processes comply with current federal standards, including proper disclosure, consent, and adverse action procedures.

Frequently Asked Questions

Sources and References