Can You Get Your Criminal Record Expunged in West Virginia?
A criminal record can follow you long after a case ends. Even charges that were dismissed or resulted in no conviction can appear on background checks, making it harder to find employment, housing, or professional licensing. Fortunately, West Virginia law allows certain individuals to clear or seal their criminal records through a process known as expungement.
Understanding whether you qualify and how the process works is the first step toward moving forward with a clean slate.
What Is Expungement in West Virginia?
Expungement is a legal process that removes a criminal charge or conviction from public view. Once expunged, the record is no longer accessible to employers, landlords, or the general public. In most cases, you are legally allowed to state that the arrest or charge never occurred.
West Virginia offers expungement for both non-convictions and certain convictions, but eligibility depends on several factors.
Who Is Eligible for Expungement?
Eligibility depends largely on how your case was resolved. You may qualify if:
Charges were dismissed
You were found not guilty
Charges were not pursued (nolle prosequi)
You completed a diversion or deferred adjudication program
You were convicted of certain non-violent misdemeanors
Some felony convictions may also be eligible, but violent offenses, sex crimes, and serious felonies are generally excluded.
Waiting Periods Matter
Even if you qualify, West Virginia law requires waiting periods before you can file for expungement. These vary depending on the offense and outcome. For example:
Non-convictions may require a one-year waiting period
Certain misdemeanor convictions may require several years
Multiple offenses may lengthen eligibility timelines
Filing too early can result in denial, which is why legal guidance is critical.
The Expungement Process
The process involves filing a formal petition with the circuit court where the case was handled. This petition must include detailed information about the charge, case disposition, and your eligibility. The prosecutor and relevant law enforcement agencies are notified and may object.
In some cases, the court schedules a hearing where a judge decides whether expungement serves justice and public interest.
Why Expungement Is So Important
A criminal record can limit your opportunities even if you were never convicted. Expungement can help you:
Pass background checks
Qualify for better jobs
Secure housing
Regain peace of mind
Protect your reputation
For many people, expungement is the final step in truly moving on from a difficult chapter.
How a Criminal Defense Lawyer Can Help
An experienced West Virginia criminal defense attorney can determine your eligibility, prepare accurate filings, and advocate on your behalf if objections arise. Properly handled, expungement can be life-changing.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.