Effective June 7, 2019

Criminal Expungements

Senate Bill 152 (SB152) establishes certain types of convictions that may be eligible for expungement. They include:

  • Misdemeanors (with certain exceptions).
    • If the individual has one eligible misdemeanor, they may request an expungement one year after completing any sentence of incarceration or period of supervision, whichever is later.
    • If an individual has more than one misdemeanor, then they must wait two years.
  • Non-violent felonies.
    • The individual may submit a request five years after completing any sentence of incarceration or period of supervision, whichever is later.

Certain types of records, such as those for violent acts or driving under the influence, are not eligible. SB152 goes into effect on June 7, 2019.

Ban The Box

West Virginia currently does not have a statewide Ban the Box law. These laws are designed to give individuals who have minor criminal records a second chance at employment, reduce the rate of recidivism and expand the applicant pool for job seekers.

Numerous states have passed these laws and additional states, such as WV, could implement their own. If so, the team at Backgrounds Online will update this page so it has the most current and accurate information possible.

The West Virginia Human Rights Act

This policy was created to help ensure equal employment opportunities to all persons without regard to race, religion, color, national origin, ancestry, sex, age, blindness or disability.

Backgrounds Online provides details about State Laws for informational purposes only. We do not provide legal services. Nothing on these pages or our site should be considered as legal advice or opinion.