West Virginia Legal Ages

Legal ages in West Virginia

1. Age 6

   • Must be enrolled in school

     West Virginia requires children to attend school, or approved private or home instruction, from age 6.

     Starts in the school year the child turns 6 before July 1, or on enrolling in full-time kindergarten.

     West Virginia law · W. Va. Code § 18-8-1a(a)

2. Age 8

   • Car seat or booster age requirement ends

     The child car seat or booster requirement ends at age 8; after that a seat belt can be used.

     Earlier once the child is 4 feet 9 inches tall.

     West Virginia law · W. Va. Code § 17C-15-46

3. Age 14

   • Can work limited hours in non-hazardous jobs (federal rule)

     Federal law lets 14- and 15-year-olds work in permitted non-hazardous jobs, outside school hours and within weekly hour limits.

     Limits: no more than 3 hours on a school day and 18 hours in a school week; 8 hours a day and 40 hours a week when school is out; only between 7 a.m. and 7 p.m. (9 p.m. from June 1 through Labor Day) (29 C.F.R. 570.35).

     Federal rule, applies in every state · 29 CFR 570.2(a)(1)

   • Can work (state minimum age)

     West Virginia limits children under 14 to farm work, domestic work, family businesses, performing and newspaper delivery.

     West Virginia law · W. Va. Code § 21-6-1

4. Age 15

   • Can get a learner's permit

     West Virginia issues a Level 1 instruction permit at 15.

     West Virginia law · W. Va. Code § 17B-2-3a(c)

5. Age 16

   • No work permit needed

     West Virginia employers must keep a state-issued age certificate on file for each worker aged 14 or 15.

     The Commissioner of Labor issues the certificate after reviewing proof of age, school attendance, the job and a parent's consent (W. Va. Code § 21-6-5(b)); the separate work permit section (§ 21-6-4) was repealed in 2025, but the age certificate remains.

     West Virginia law · W. Va. Code § 21-6-5(a), (e)

   • Can work any non-hazardous job (federal rule)

     At 16, the general federal minimum working age applies: any job except those the Labor Department declares hazardous.

     Federal rule, applies in every state · 29 CFR 570.2(a)(1)

   • Can get a first license to drive alone

     A Level 2 intermediate license for driving alone is available at 16 after 180 conviction-free days on a permit.

     West Virginia law · W. Va. Code § 17B-2-3a(d)

   • Court emancipation (adult status) can be sought

     A minor can petition a court to be declared emancipated starting at age 16.

     The statute says "over the age of sixteen"; the child must show the ability to self-support.

     West Virginia law · W. Va. Code § 49-4-115(a)

   • Lowest marriage age with parent or court consent

     With a parent's written consent, the lowest age to marry is 16.

     The other party can be no more than 4 years older.

     West Virginia law · W. Va. Code 48-2-301

6. Age 17

   • Can leave school (compulsory attendance ends)

     West Virginia's compulsory attendance requirement ends at the 17th birthday.

     A student who stays enrolled after 17 must keep attending.

     West Virginia law · W. Va. Code § 18-8-1a(a)

   • Can pre-register to vote

     West Virginia lets 17-year-olds register if they will be 18 by the next general election.

     West Virginia law · W. Va. Code § 3-2-2(a)

   • Can vote in a primary if 18 by the general election

     West Virginia lets 17-year-olds vote in a primary if they will be 18 by the general election.

     West Virginia law · W. Va. Code § 3-2-2(a)

7. Age 18

   • Can work in jobs federal law calls hazardous

     At 18, the federal bar on jobs the Labor Department declares hazardous for minors ends for non-farm work.

     Federal rule, applies in every state · 29 CFR 570.2(a)(1)

   • Teen license limits end (varies, see rule)

     Drivers under 18 may drive only under the three-level graduated license system.

     A Level 3 full license is available at 17 after 12 conviction-free months at Level 2; a Level 2 license expires 30 days after the 18th birthday.

     West Virginia law · W. Va. Code § 17B-2-3a(a), (e)

   • Can get a tattoo without a parent's consent

     From 18, a person can be tattooed without a parent's consent.

     West Virginia law · W. Va. Code § 16-38-1; W. Va. Code § 16-38-3(b)(1)

   • Becomes a legal adult (age of majority)

     State law makes a person a legal adult, with full rights to contract and sue, at 18.

     West Virginia law · W. Va. Code § 2-2-10

   • Can make a will

     A person of sound mind can make a valid will at 18.

     West Virginia law · W. Va. Code § 41-1-2

   • Can marry without a parent's consent

     A person can marry without a parent's or court's consent at 18.

     West Virginia law · W. Va. Code 48-2-301(a)

   • Can vote

     The U.S. Constitution guarantees the right to vote at 18 in every federal, state and local election.

     Federal rule, applies in every state · U.S. Const. amend. XXVI, § 1

   • Must register with Selective Service (men)

     Men 18 through 25 who are U.S. citizens or live in the United States must register with the Selective Service System.

     Men admitted on a nonimmigrant visa are exempt while they keep that status (50 U.S.C. 3802(a)).

     Federal rule, applies in every state · 50 U.S.C. § 3802(a)

   • Can be called for state jury service

     A person can be called for state jury service from age 18.

     West Virginia law · W. Va. Code § 52-1-8(b)(1)-(2)

   • Can be called for federal jury service

     Federal courts may call U.S. citizens 18 or older who have lived in the judicial district for a year.

     Federal rule, applies in every state · 28 U.S.C. § 1865(b)(1)

   • Charged as an adult by default (juvenile court age ends)

     West Virginia tries people charged with a crime in adult court by default from age 18; younger defendants start in juvenile court.

     A juvenile court can transfer some younger defendants to adult court for serious offenses.

     West Virginia law · W. Va. Code § 49-1-202

   • Can buy a lottery ticket

     State law bars selling lottery tickets to anyone under 18.

     West Virginia law · W. Va. Code § 29-22-11(b)

8. Age 21

   • Can drive a commercial truck across state lines

     Federal rules require drivers of commercial vehicles in interstate commerce to be at least 21.

     Federal rule, applies in every state · 49 C.F.R. § 391.11(b)(1)

   • Can buy tobacco or vapes

     Federal law bars any retailer from selling cigarettes, vapes or other tobacco products to anyone under 21, in every state.

     Federal rule, applies in every state · 21 U.S.C. § 387f(d)(5)

   • Can buy alcohol

     Federal highway funding law withholds funds from any state that lets anyone under 21 buy alcohol or possess it in public, so every state sets 21.

     Federal rules let states exempt possession (not purchase) for a religious purpose, with a parent, spouse or legal guardian 21 or older, for medical use, in private clubs, or in lawful employment (23 C.F.R. 1208.3).

     Federal rule, applies in every state · 23 U.S.C. § 158(a)

   • Under-21 credit card limits end (no cosigner or independent income needed)

     Under 21, a card issuer may open a credit card only with a cosigner or proof that you can repay on your own.

     Federal rule, applies in every state · 15 U.S.C. § 1637(c)(8)

9. Age 25

   • Can serve in the U.S. House

     The Constitution sets 25 as the minimum age for the U.S. House of Representatives.

     Federal rule, applies in every state · U.S. Const. art. I, § 2, cl. 2

10. Age 30

    • Can serve as governor

      West Virginia's constitution requires the governor to be at least 30 years old.

      West Virginia law · W. Va. Const. art. IV, § 4

    • Can serve in the U.S. Senate

      The Constitution sets 30 as the minimum age for the U.S. Senate.

      Federal rule, applies in every state · U.S. Const. art. I, § 3, cl. 3

11. Age 35

    • Can serve as President

      The Constitution sets 35 as the minimum age for President.

      Federal rule, applies in every state · U.S. Const. art. II, § 1, cl. 5

12. Age 62

    • Can start Social Security retirement benefits (reduced)

      Social Security retirement benefits can start at 62, permanently reduced.

      Federal rule, applies in every state · SSA, Retirement Benefits: Benefit reduction for early retirement

13. Age 65

    • Eligible for Medicare by age

      Medicare hospital insurance by age begins at 65 for people entitled, or who would be entitled, to Social Security or Railroad Retirement benefits.

      Federal rule, applies in every state · 42 U.S.C. § 426(a)

14. Age 67

    • Full Social Security retirement age (born 1960 or later)

      Full Social Security retirement age is 67 for anyone born in 1960 or later.

      Federal rule, applies in every state · SSA, Full Retirement and Age 62 Benefit By Year Of Birth

15. Age 70

    • Can ask to be excused from jury service because of age

      From age 70, a person can ask to be excused from jury service because of age.

      The court must excuse the person on request.

      West Virginia law · W. Va. Code § 52-1-8(c)

16. Age 73

    • Retirement-account minimum withdrawals begin

      Required minimum distributions from traditional retirement accounts begin at 73 for people who turn 72 after 2022.

      Federal rule, applies in every state · 26 U.S.C. § 401(a)(9)(C)(v)

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