ExpungeMap

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

DetailWest Virginia
Relief availableExpungement
StatuteW. Va. Code § 61-11-26
Automatic clearing?No — a court petition is required
Waiting period1-5 years by offense
Eligible recordsEligible misdemeanors and some felonies
ProcessPetition 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.

Reviewed by D. Reyes, legal reference editor

All 50 states

Reviewed by D. Reyes, legal reference editor

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.

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