Expungement in West Virginia

Expungement means your criminal record is sealed or erased. Once your record is expunged, employers, landlords, and background checks won't see it. It's like it never happened — legally.

WV has 851 collateral consequences tied to a criminal record. Jobs you can't apply for. Housing you can't get. Licenses that get denied. Expungement removes most of those barriers at once.

This is the single most impactful legal step you can take for your future. And in West Virginia, it's more accessible than most people know.

West Virginia law allows expungement of many misdemeanors and some felonies. You must have completed your sentence (including parole/probation) and waited the required time:

Not sure if your charge qualifies? Call Legal Aid WV (866-255-4370) — they'll tell you for free.

• 1
  Get your criminal record

  Request your record from the WV State Police Criminal Records Unit. This confirms the exact charges and dates — you'll need this for the petition. Call Legal Aid WV for help getting it.

• 2
  File a petition in circuit court

  File a Petition for Expungement in the circuit court where you were convicted. The court clerk's office has the forms. You must fill out one petition per charge.

• 3
  Pay the filing fee — or request a waiver

  Filing fees vary by county (typically $50–$150). If you can't afford it, ask for a fee waiver. Courts must provide one if you qualify based on income. Legal Aid can help you request one.

• 4
  Attend your hearing (if scheduled)

  The court may schedule a hearing where the prosecutor can object. This doesn't always happen — many petitions are granted without a hearing. If there is a hearing, show up on time and dress respectfully.

• 5
  If granted: records are sealed

  Once the judge signs the order, your record is sealed from public access. The court sends the order to law enforcement agencies and background check companies. You can legally say the arrest or conviction never happened on most job and housing applications.

All of these organizations provide free legal assistance for expungement in West Virginia. Call them first — they can tell you if you qualify and walk you through the process.

• Legal Aid of West Virginia 866-255-4370

  Statewide free legal help for low-income West Virginians. Handles expungement petitions, fee waivers, and court representation. Visit legalaidwv.org.

• WVU College of Law — Reentry Legal Clinic 304-293-6891

  WVU's law school clinical program provides free reentry legal services funded by a Second Opportunity Reentry (SOR) grant. Law students supervised by attorneys handle expungement petitions, record-clearing, and reentry barriers.

• Mountain State Justice 304-344-3144

  Nonprofit civil legal services organization. Offers expungement clinics and one-on-one legal help for women returning from incarceration.

• WV Senior Legal Aid 800-229-5068

  If you're 60+, this organization provides free civil legal services including record clearing.

• WV State Bar Lawyer Referral Service 304-558-7991

  Can refer you to attorneys who do pro bono expungement work. Ask specifically about pro bono or reduced-fee expungement attorneys.

Also check our Legal Resources directory for additional help near you.

• Can I expunge a felony?
  Yes — some nonviolent felonies are eligible after 3 years from completing your sentence. Violent felonies, sex offenses, and DUIs are not eligible. Call Legal Aid WV to find out if your specific felony qualifies.
• Does it cost money?
  Filing fees typically range from $50–$150 depending on the county. If you can't afford it, request a fee waiver from the court — you're entitled to one if your income is low enough. Legal Aid can help you request one at no cost to you.
• Will my employer still see it after expungement?
  No. Expunged records are sealed from public access. Most employers, landlords, and background check companies will not see it. For most job and housing applications, you can legally answer "no" when asked if you've been convicted.
• How long does the process take?
  Usually 2 to 6 months from the time you file the petition. It's faster if there's no hearing. Getting your paperwork together and finding legal help can add a few weeks up front.
• Do I need a lawyer?
  You're not required to have one, but it helps — especially if the prosecutor objects or your case is complicated. Legal Aid of WV and Mountain State Justice can represent you for free if you qualify.
• What if I was arrested but not convicted?
  You likely qualify for expungement immediately — arrests without convictions (including dismissed charges and acquittals) are typically eligible with no waiting period. This is actually the easiest type to expunge.
• Will expungement help with housing?
  Yes. Landlords running background checks won't see expunged records. This is one of the biggest practical benefits — housing is one of 851 legal barriers attached to a WV criminal record.

A suspended or revoked license is one of the most common barriers to employment after incarceration. In WV, reinstatement depends on why your license was suspended:

• 1
  Find out your suspension reason

  Contact the WV DMV (304-558-3900) or check online at the WV DMV website. Common reasons: unpaid fines, DUI, failure to appear, or drug conviction.

• 2
  Pay or resolve outstanding fines

  Many suspensions are for unpaid court costs or traffic fines. Contact the court that issued the fine — some counties have payment plans or hardship waivers. Legal Aid WV can help if fees are the only barrier.

• 3
  Complete any required programs

  DUI or drug-related suspensions may require completion of a safety/treatment program (e.g., AARP Driver Safety, substance abuse evaluation). Ask the DMV exactly what is required before you pay reinstatement fees.

• 4
  Pay the reinstatement fee and apply

  WV reinstatement fees range from $50–$200 depending on violation type. Once all conditions are met, submit your reinstatement application to the WV DMV. Call Legal Aid WV if fees are a barrier — they may be able to help.

Note: Expungement of a drug conviction can remove a mandatory drug-conviction license suspension under federal law. If your license was suspended because of a drug offense, expungement may directly restore your driving privileges. Ask Legal Aid WV about this.