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.
| The conviction | Eligible after |
|---|---|
| The convictionOne misdemeanor | Eligible afterOne year after conviction, jail or supervision, whichever is later |
| The convictionMore than one misdemeanor | Eligible afterTwo years after the last one |
| The convictionA nonviolent felony | Eligible afterFive years |
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.
The petition goes to the circuit court where the conviction occurred. A particular record is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 61-11-25 — Expungement of criminal records for those found not guilty or whose charges were dismissed
- 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.