Skip to main content

Clear your West Virginia record DIY

You can clear your West Virginia record. West Virginia law lets you expunge certain arrest and dismissal records under W. Va. Code §61-11-25, expunge certain criminal convictions under §61-11-26, and expunge convictions completed through approved treatment or recovery and job programs under §61-11-26a — subject to the motor-vehicle traffic-offense carve-out at §61-11-26b. The petition-based path uses a petition filed in the court that handled the original case and may involve a court hearing.

Expeal Ranking

West Virginia's Expeal ranking is 7 out of 15, or a C-. This is the average of five metric scores across four case types.

Metric Misdemeanor — Arrest Misdemeanor — Conviction Felony — Arrest Felony — Conviction
Clean Slate 0 0 0 0
Expeal 2 2 2 2
Tasks 2 2 2 2
Wait 3 2 3 0
Cost 1 1 1 2
Total 8 7 8 6

The metrics are defined as follows:

  • Clean Slate: 3 if implemented; 2 if proposed or in the process of being implemented; 1 if being discussed; 0 if nothing.
  • Expeal: 3 if records are erased or destroyed; 2 if records are hidden but still exist; 1 if records are given a notation or some other form of reduction; 0 if nothing or if the process requires a pardon or similar prerequisite.
  • Tasks: 3 if application alone or automatic; 2 if straightforward court or administrative engagement is required; 1 if administrative engagement is required before straightforward court; 0 if convincing the court is required.
  • Wait: 3 if immediate to 1 year; 2 if 1 to 3 years; 1 if 3 to 5 years; 0 if more than 5 years or an intermediate step is required before the clock starts.
  • Cost: 3 if under $50; 2 if $50.01 to $250; 1 if $250.01 to $500; 0 if more than $500.

Governing statutes

Fees

Fee Amount Source
Filing fee $300.00 Reference
Fingerprint fee $47.25 Reference
Certified copy fee $5.00 Reference

Step-by-step process

Below are the five phases that take you through the Expeal process in West Virginia.

If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.

Phase 1: Verifying you Qualify

  1. Step 1: Get Fingerprinted. Visit your local police or sheriff's station and have your fingerprints taken.

    Cost: $47.25

  2. Step 2: Request your Record. Complete and submit your application to request an official copy of your criminal history record from the West Virginia State Police.

    Cost: $0.00 (the West Virginia State Police criminal-history check is free)

  3. Step 3: Review your Record. Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

Phase 2: Collecting your Documents

  1. Step 4: Request Certified Documents. Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.

    Cost: $5.00

  2. Step 5: Verify the Final Documents. Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.

Phase 3: Completing the Petition

  1. Step 6: Prepare your Petition. Complete the petition based on the type of charge and outcome you are seeking. West Virginia's statutory waiting periods break out by remedy: arrest and dismissal records under W. Va. Code §61-11-25 require 60 days; certain misdemeanor convictions under §61-11-26 require one year while others require two years; and certain felony convictions under §61-11-26 require three years while others require five — confirm the applicable wait for your charge class before filing.

  2. Step 7: Finalize your Petition. Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

Phase 4: Final Steps

  1. Step 8: File your Expeal Request. File the petition with the court that handled the case.

    Cost: $300.00

  2. Step 9: Work with the Court. After the West Virginia court confirms it has received your filing, watch for the next instructions — typically a hearing notice or a request for additional documents. Respond promptly to anything the court asks for, and prepare for the hearing if one is scheduled.

Phase 5: Confirming Your Record is Expunged

  1. Step 10: Receive the Court's Order. Once the judge rules, the court issues a written order either granting or denying your petition. Review the order's terms carefully — they spell out exactly which records are covered and which statutory remedy (arrest/dismissal expungement, conviction expungement, or treatment-program conviction expungement) applies. Keep a certified copy for your own files.

  2. Step 11: Verify the Record is Expunged. Under W. Va. Code §61-11-25 and §61-11-26, the court directs the West Virginia State Police and the original arresting and prosecuting agencies to update their records to reflect the expunged charges. If a background-check provider later produces an outdated report, your certified copy of the court's order is your authoritative reference. Confirm with the clerk of court and the WVSP that their records reflect the order as well.

Official government links

The following pages are important to be familiar with as you work through the expungement process:

Forms

The following links lead to official forms required for the expungement process:

Common questions

Is this legal advice?

No. Expeal provides plain-language educational content and tools with direct citations to your state's statutes — not legal advice. For advice about your specific situation, consult a licensed attorney.

Why is this free?

The state-by-state guides — statutes, fees, steps, sources — are free for everyone. Expeal's revenue model is the optional DIY+ guided product available in select states, which funds the public-benefit educational content.