West Virginia Pardon/Expungement Process

⚖️ West Virginia Expungement Laws

In West Virginia, expungement laws allow certain arrests, charges, misdemeanors, and some nonviolent felony convictions to be removed from public record under specific conditions. The main statutes are:

  • West Virginia Code § 61-11-25
  • West Virginia Code § 61-11-26
  • West Virginia Code § 61-11-26a

🧹 What Can Be Expunged?

✅ Dismissed Charges or Not Guilty Findings

You may qualify if:

  • Charges were dismissed
  • You were acquitted (found not guilty)
  • You completed a diversion or deferred adjudication program successfully
  • The dismissal was not part of a plea deal to another conviction

⏳ Waiting Period

  • Must wait 60 days after dismissal or acquittal before filing.

🚫 Disqualifiers

You generally cannot expunge under this section if:

  • You have a prior felony conviction
  • You have pending criminal charges
  • Certain sex offense related cases apply

⚖️ Expungement of Convictions

✅ Eligible Misdemeanors

⏳ Waiting Periods

  • 1 misdemeanor: wait 1 year
  • Multiple misdemeanors: wait 2 years

The clock starts after:

  • conviction,
  • incarceration,
  • probation, or
  • supervision ends,
    whichever is later.

✅ Eligible Nonviolent Felonies

West Virginia allows expungement of certain nonviolent felonies.

⏳ Waiting Period

  • Must wait 5 years after completion of:
    • sentence,
    • incarceration,
    • parole/probation,
    • supervision.

⚠️ Eligible felony offenses generally must:

  • Be nonviolent
  • Not involve serious bodily injury
  • Not involve danger to the public
  • Not involve weapons or sexual offenses

🚫 Crimes That Usually Cannot Be Expunged

West Virginia excludes many offenses, including:

  • Violent felonies
  • Domestic violence offenses
  • Sexual offenses
  • Crimes involving minors
  • DUI offenses
  • Crimes involving deadly weapons
  • Child abuse or neglect
  • Stalking
  • Burglary in many cases

⚡ Reduced Waiting Periods

Under West Virginia Code § 61-11-26a, people who complete approved recovery, treatment, or job programs may qualify sooner:

Conviction Type Standard Wait Reduced Wait
Single misdemeanor 1 year 90 days
Multiple misdemeanors 2 years 1 year
Nonviolent felony 5 years 3 years

🏛️ How to File for Expungement

📄 Step 1: File a Petition

You file in the circuit court where the case occurred.

📑 Step 2: Serve Prosecutor

The prosecuting attorney and sometimes law enforcement agencies receive notice.

⚖️ Step 3: Court Review or Hearing

A judge reviews:

  • eligibility,
  • criminal history,
  • rehabilitation,
  • pending charges,
  • public safety concerns.

🧾 Step 4: Expungement Order

If granted:

  • court records are sealed,
  • agencies must remove records,
  • background checks may no longer show the case publicly.

🔎 Important Things to Know

👀 Expunged Does Not Always Mean Destroyed

Law enforcement and courts may still access records in limited situations.

💼 Employment Benefits

An expungement can improve:

  • job opportunities,
  • housing applications,
  • professional licensing,
  • education access.

⚠️ Federal Records

Federal convictions generally cannot be expunged under West Virginia law.

📚 Main West Virginia Statutes

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