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Clearing A Record

W. Va. Code § 61-11-26 — one year after a misdemeanor, two after several, five after a nonviolent felony

A person found not guilty, or whose charges were dismissed other than in exchange for a guilty plea, may petition the circuit court to expunge the records of the arrest and charge. So may someone whose charges were dismissed after completing a pretrial diversion or deferred adjudication.

  • W. Va. Code § 61-11-25
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The convictionEligible after
The convictionOne misdemeanorEligible afterOne year after conviction, jail or supervision, whichever is later
The convictionMore than one misdemeanorEligible afterTwo years after the last one
The convictionA nonviolent felonyEligible afterFive years
  • W. Va. Code § 61-11-26

Not eligible. Felonies of violence, felonies against a minor, sexual offenses, offenses with a deadly weapon, domestic battery, and driving under the influence cannot be expunged under the section.

  • W. Va. Code § 61-11-26

The petition goes to the circuit court where the conviction occurred. A particular record is a question for a licensed West Virginia attorney.

  • W. Va. Code § 61-11-26
Sources for this section (2)
  1. W. Va. Code § 61-11-25 — Expungement of criminal records for those found not guilty or whose charges were dismissed
  2. W. Va. Code § 61-11-26 — Expungement of certain criminal convictions; procedures; effect

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.

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