West Virginia Expungement Laws: W. Va. Code § 61-11-26 Explained
West Virginia Expungement Laws
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. 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 important exclusions apply under § 61-11-25: domestic violence charges where the alleged victim is a family or household member are not eligible, and an acquittal by reason of mental illness, intellectual disability, or addiction does not qualify. (W. Va. Code § 61-11-25)
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))
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)
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:
- Felony crimes of violence against a person, or misdemeanors involving intentional infliction of injury on a minor or a law enforcement officer.
- Felonies where the victim was a minor.
- Sexual abuse offenses under W. Va. Code § 61-8B-1 et seq.
- Offenses involving deadly weapons or dangerous instruments.
- Domestic violence violations under §§ 61-2-28 and 61-2-9.
- Sexual assault under § 61-2-29.
- Driving under the influence (DUI).
- Motor vehicle violations under § 17B-4-3.
- Firearm violations under §§ 61-8-12 and 61-8-19.
- Sexual abuse of a minor under § 61-2-9a.
- Additional sexual offense statutes under §§ 61-8B-8 and 61-8B-9.
- Arson of a dwelling under § 61-3-11.
- Any offense the sentencing judge found to be sexually motivated.
- Commercial driver violations under § 17E-1-13(g).
- Conspiracy or attempt to commit any of the above excluded offenses.
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))
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.
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Sources
The legal information in this article is drawn from the official West Virginia statutes and court resources listed below.
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RecordingLaw.com provides legal information, not legal advice. Laws change; verify current statutes at code.wvlegislature.gov before relying on this content.