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West Virginia Expungement Laws: W. Va. Code § 61-11-26 Explained

Independently fact-checkedEditor-reviewedLaw current as of August 20, 2026By Recording Law Editorial TeamReviewed September 2, 20267 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content

West Virginia Expungement Laws: W. Va. Code § 61-11-26 Explained

West Virginia allows eligible residents to expunge both arrest records and certain criminal convictions from public view under W. Va. Code §§ 61-11-25 and 61-11-26, with the conviction statute significantly expanded by Senate Bill 152 in 2019.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers West Virginia state expungement law only. For a nationwide comparison, see Expungement Laws by State.

Who Qualifies to Expunge an Arrest Record in West Virginia

West Virginia Code § 61-11-25 covers people whose cases ended without a conviction. You may petition for expungement if a court found you not guilty, dismissed your charges for any reason other than acceptance of a guilty plea, or you successfully completed a pretrial diversion or deferred adjudication program. One threshold bar applies before anything else: the statute provides that any person who has previously been convicted of a felony may not file a petition for expungement under this section, so a prior felony conviction closes this non-conviction pathway even when the new case ended in acquittal or dismissal. The petition may be filed no sooner than 60 days after the court enters the acquittal or dismissal order. There is no filing fee under this section. The court notifies the prosecutor and the arresting agency, and if no pending charges exist the court may grant the petition and direct all agencies to seal and destroy the records within 60 days. Once expunged, you are not required to disclose the arrest on employment, credit, or other applications. Two further exclusions apply under § 61-11-25: when a qualifying domestic-violence-related charge is dismissed through completion of a deferred adjudication and the alleged victim is a family or household member, that charge is not eligible for expungement through this deferred-adjudication pathway, and criminal investigation reports and records relating to offenses subject to the sex-offender registration provisions of § 15-12-1 et seq. are exempt from this section where the person was found not guilty by reason of mental illness, intellectual disability, or addiction. (W. Va. Code § 61-11-25)

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Misdemeanor Conviction Expungement Under § 61-11-26

Senate Bill 152, enacted and effective June 7, 2019, added robust conviction expungement rights to West Virginia law. Under W. Va. Code § 61-11-26, a person convicted of one misdemeanor may petition for expungement one year after the date of conviction, completion of any period of incarceration, or completion of any period of supervision, whichever comes latest. A person with convictions for two or more misdemeanors must wait two years after the last conviction, the end of the last incarceration term, or the end of the last supervision period, whichever is latest. These waiting periods apply regardless of whether the multiple misdemeanors arose from a single incident or separate incidents. The petition must be filed in the circuit court of the county where the conviction occurred. The court has 60 days to grant, request corrections, schedule a hearing, or deny the petition. The petitioner bears the burden of proving eligibility by clear and convincing evidence. (W. Va. Code § 61-11-26(a)-(b))

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Nonviolent Felony Expungement: The SB 152 Expansion

Before Senate Bill 152 (2019), West Virginia offered no path to expunge felony convictions. SB 152 added that right for nonviolent felonies. Under § 61-11-26, a person convicted of one or more nonviolent felony offenses arising from the same transaction or series of transactions may petition for expungement five years after the date of conviction, completion of any incarceration, or completion of any supervision period, whichever is latest. The statute does not cap the number of eligible convictions as long as they arise from the same transaction or series of transactions and none falls within the excluded-offense categories listed in § 61-11-26(c). The same $200 filing fee plus $100 State Police processing fee applies. The court uses the clear-and-convincing standard, and the petition must include detailed personal history, the facts of the offense, victim and restitution information, evidence of rehabilitation, and any prior expungement history. (W. Va. Code § 61-11-26; 2019 WV SB 152)

With the burden on you to prove eligibility by clear and convincing evidence, get a free consultation with a West Virginia criminal defense lawyer on assembling the petition and rehabilitation evidence (attorney advertising).

Offenses Permanently Excluded from Expungement

West Virginia Code § 61-11-26(c) lists fifteen categories of convictions that can never be expunged in West Virginia:

  1. Felony crimes of violence against a person, or misdemeanors involving intentional infliction of injury on a minor or a law enforcement officer.
  2. Felonies where the victim was a minor.
  3. Sexual abuse offenses under W. Va. Code § 61-8B-1 et seq.
  4. Offenses involving deadly weapons or dangerous instruments.
  5. Domestic violence violations under §§ 61-2-28 and 61-2-9.
  6. Abuse or neglect of an incapacitated adult under § 61-2-29.
  7. Driving under the influence (DUI).
  8. Motor vehicle violations under § 17B-4-3.
  9. Incest under § 61-8-12 and cruelty to animals under § 61-8-19.
  10. Stalking or harassment under § 61-2-9a.
  11. Additional sexual offense statutes under §§ 61-8B-8 and 61-8B-9.
  12. Burglary of a dwelling under § 61-3-11.
  13. Any offense the sentencing judge found to be sexually motivated.
  14. Commercial driver violations under § 17E-1-13(g).
  15. Conspiracy or attempt to commit a felony set forth in categories 1 through 11 and 13 above. This catch-all is limited to those subdivisions, so it does not reach category 12 or category 14.

DUI convictions are excluded in nearly all circumstances, making West Virginia one of the stricter states on that point. For a comparison across states, see DUI expungement by state.

Accelerated Expungement Through Treatment or Job-Readiness Programs

West Virginia Code § 61-11-26A offers shorter waiting periods for petitioners who complete an approved program. A person convicted of a qualifying nonviolent felony who completes an approved substance abuse treatment or recovery program, or a WV Department of Education-approved job-readiness adult training course, may petition after only three years rather than five. For multiple misdemeanors, the waiting period drops to one year rather than two. For a single misdemeanor, a petitioner who completes 90 days of an approved treatment or recovery program and finishes any incarceration or supervision may petition immediately after that 90-day period. The $100 State Police processing fee is waived under § 61-11-26A, which is one important distinction from the standard petition path. Eligibility for the accelerated track still requires that the underlying offense be eligible under § 61-11-26. (W. Va. Code § 61-11-26A)

How to File a West Virginia Expungement Petition

Petitions are filed in the circuit court of the county where the arrest or conviction occurred. The West Virginia Judiciary provides standardized forms: Form SCA-C903 (Motion for Expungement of Criminal Records Due to Acquittal or Dismissal) for non-conviction cases under § 61-11-25, and Form SCA-C907 (Petition for Expungement of Felony Violations) for conviction cases under § 61-11-26. Both forms are available at no charge on the West Virginia Judiciary website. For conviction petitions, the $200 filing fee is due at filing; the separate $100 State Police processing fee is payable upon obtaining the expungement order. Fee waiver forms are available for qualifying petitioners. After filing, the court must act within 60 days. If the petition is granted, all agencies holding records of the arrest or conviction must certify completion of expungement within 60 days of the court order. To learn how to confirm your records have actually been cleared, see how to check if your record has been expunged. (W. Va. Courts, courtswv.gov; W. Va. Code § 61-11-26(d))

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Disclaimer: This article provides general legal information about West Virginia expungement law as of May 29, 2026. It does not constitute legal advice for any specific situation. West Virginia statutes change, and individual eligibility depends on the specific facts of your case. Consult a licensed West Virginia attorney before filing any expungement petition.

RecordingLaw.com provides legal information, not legal advice. Laws change; verify current statutes at code.wvlegislature.gov before relying on this content.

More West Virginia Laws

Frequently Asked Questions

How do you expunge your record in West Virginia?

You file a petition in the circuit court of the county where the arrest or conviction occurred. For non-conviction arrests, use Form SCA-C903; for conviction expungements, use Form SCA-C907. Conviction petitions require a $200 filing fee plus a $100 State Police fee payable upon obtaining the order. The court must act within 60 days of filing.

What does W. Va. Code § 61-11-26 cover?

Section 61-11-26 is the primary conviction expungement statute. It allows eligible petitioners to seek expungement of misdemeanor convictions (after 1 or 2 years depending on the number of convictions) and nonviolent felony convictions from the same transaction (after 5 years). The statute lists 15 categories of permanently excluded offenses including DUI, sexual offenses, and violent crimes.

What did West Virginia SB 152 change about expungement?

Senate Bill 152 (2019), effective June 7, 2019, significantly expanded West Virginia expungement law by adding the right to expunge nonviolent felony convictions for the first time. Before SB 152, only non-conviction arrest records and certain misdemeanors could be expunged. The bill also created the accelerated expungement path later codified in § 61-11-26A.

Can a felony be expunged in West Virginia?

Yes, but only nonviolent felonies that do not fall within the 15 excluded categories listed in § 61-11-26(c). Violent felonies, sexual offenses, felonies against minors, weapons offenses, and conspiracy or attempt to commit a felony set forth in subdivisions (1) through (11) or (13) of that list are permanently ineligible. Qualifying nonviolent felonies require a five-year waiting period after sentence and supervision completion.

Does a prior felony conviction block an arrest-record expungement in West Virginia?

Yes. W. Va. Code § 61-11-25 provides that any person who has previously been convicted of a felony may not file a petition for expungement under that section. That bar applies even when the case you want cleared ended in acquittal or dismissal.

How long does West Virginia expungement take?

After filing, the court has 60 days to rule on the petition. If granted, all agencies must certify completion of expungement within another 60 days. Total processing from filing to final clearance is typically three to four months, though contested petitions that go to a hearing may take longer.

Can a DUI be expunged in West Virginia?

No. DUI convictions are explicitly excluded from expungement under W. Va. Code § 61-11-26(c). There are no exceptions for first-offense DUI or DUI with no injury. That said, a DUI conviction does not block expungement of an unrelated, otherwise-eligible felony once the DUI conviction is at least five years old. This is one of the stricter exclusions in the statute.

What is the filing fee for expungement in West Virginia?

For conviction expungement petitions, the filing fee is $200 due at filing, plus a $100 processing fee payable to the West Virginia State Police upon obtaining the expungement order. Non-conviction arrest expungements under § 61-11-25 carry no filing fee. Fee waivers are available for petitioners who meet the court's financial eligibility guidelines.

Does West Virginia have automatic expungement?

No. West Virginia does not have automatic expungement for any category of offense as of May 2026. All expungements require a petition filed by the eligible individual in circuit court.

Updates

Added the prior-felony bar that blocks an arrest-record expungement petition under W. Va. Code 61-11-25, narrowed the mental-illness acquittal exclusion to the sex-offender registration records the statute actually covers, and corrected the conspiracy and attempt exclusion to the subdivisions it reaches.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected four offense descriptions in the permanently-excluded-offenses list that mislabeled statutes cited by W. Va. Code § 61-11-26(c) (the true subjects are abuse/neglect of an incapacitated adult, incest, animal cruelty, stalking/harassment, and burglary, not sexual assault, firearm violations, sexual abuse of a minor, and arson), scoped the § 61-11-25 domestic-violence exclusion to its actual deferred-adjudication trigger, and added the DUI FAQ's five-year carve-out for an unrelated felony.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. W. Va. Code § 61-11-25 — Expungement of Certain Non-Conviction Records(code.wvlegislature.gov)
  2. W. Va. Code § 61-11-26 — Expungement of Criminal Conviction Records(code.wvlegislature.gov)
  3. W. Va. Code § 61-11-26A — Expungement After Treatment or Job-Readiness Program(code.wvlegislature.gov)
  4. West Virginia Senate Bill 152 (2019)(wvlegislature.gov)
  5. Form SCA-C903 — Motion for Expungement of Criminal Records (Acquittal/Dismissal)(courtswv.gov)
  6. Form SCA-C907 — Petition for Expungement of Felony Violations(courtswv.gov)
  7. West Virginia Judiciary — Court Forms(courtswv.gov)
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