West Virginia Expungement Laws 2026
West Virginia expungement and record-sealing laws: eligibility, waiting periods, and how to clear a criminal record in West Virginia.
West Virginia allows certain criminal records to be cleared or sealed. The relief is called "Expungement", governed by W. Va. Code § 61-11-26.
At a glance
| Detail | West Virginia |
|---|---|
| Relief available | Expungement |
| Statute | W. Va. Code § 61-11-26 |
| Automatic clearing? | No — a court petition is required |
| Waiting period | 1-5 years by offense |
| Eligible records | Eligible misdemeanors and some felonies |
| Process | Petition the court for expungement |
Who is eligible
Eligible misdemeanors and some felonies.
How the process works
Petition the court for expungement.
Source and last verified
Statute: W. Va. Code § 61-11-26. Last verified: 2026-08-04. Laws change — confirm the current rule with the West Virginia records authority before acting.
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Frequently Asked Questions
What is record clearing called in West Virginia?
In West Virginia, the relief is called "Expungement", governed by W. Va. Code § 61-11-26.
How long do I wait before clearing a record in West Virginia?
1-5 years by offense.
Who can clear a record in West Virginia?
Eligible misdemeanors and some felonies.
Does West Virginia clear records automatically?
No — in West Virginia you generally must file a petition and obtain a court order before a record is cleared.