Expungement in West Virginia
State-specific overview · Criminal Law
West Virginia permits expungement of dismissed charges and acquittals; conviction expungement is limited and requires a petition.
How West Virginia treats Expungement
West Virginia generally allows expungement of records for charges that were dismissed or resulted in acquittal without significant delay. Expungement of actual convictions is more restrictive and typically requires a petition to the court, often with a waiting period. The state does not have a broad automatic expungement statute for convictions. Once expunged, the record is sealed and you may legally state you were not arrested or charged for that offense.
The general definition of Expungement
A legal process that erases or seals a criminal conviction from your record.
Expungement allows you to have a criminal conviction removed from your official record, as if it never happened. Once expunged, you can legally say you were never convicted of that crime in most situations. Not all convictions qualify—eligibility depends on the crime, how much time has passed, and your state's laws. This gives people a fresh start and removes barriers to employment, housing, and other opportunities.
Read the full Expungement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.