How Long Does Expungement Take In West Virginia? 2025

In West Virginia, expungement is an important legal process that gives people with eligible criminal records the chance to have their names cleared and regain access to opportunities related to housing, employment, and other parts of their lives. The expungement process in the state, however, can be lengthy and overwhelming, causing many people to ask themselves: How long does expungement take in West Virginia?

By understanding the relative duration of the expungement process, as well as the factors that influence the overall timing, individuals can plan accordingly and optimally navigate legal processes to get their relief. Consulting with an experienced criminal defense lawyer can help ensure you follow the correct steps and improve your chances of a successful outcome.

Expungement Eligibility and Waiting Periods in West Virginia

Specific types of criminal convictions can be expunged in the state of West Virginia, such as some types of misdemeanors and felonies that are of a nonviolent nature. There are, however, strict waiting periods that must pass before a person can be eligible to file for expungement, such as:

• Single misdemeanor conviction. Individuals convicted only of one misdemeanor may be eligible to get their record expunged one year after they have completed probation, their sentence, or been convicted – whichever happens last.
• Multiple misdemeanors. People who have committed multiple misdemeanor offenses will have to wait for a period of at least two years after their last sentence completion or conviction.
• Nonviolent felony conviction. Offenders are required to wait five years after completing their sentence, probation, or being convicted.

Offenses that are not eligible for expungement in West Virginia include violent crimes, crimes that involve minors, and DUI convictions

Understanding the Process of Expungement

After individuals have become eligible, they could be facing months or even years to undergo the actual expungement process. The expungement process starts by filing a petition in a Circuit Court where the conviction happened. This petition must include information like the details of the conviction, efforts for rehabilitation, reasons the expungement is being requested, and personal information. Courts are required to review and act within 60 days of filing.

Within 30 days of being notified, victims, prosecutors, and law enforcement can file a request in opposition to the expungement. The filing of an opposition requires a scheduled court hearing, which can significantly prolong the process. Even if there is no opposition, there may be hearings required, whereupon the judge goes over the details of the case and determines whether an expungement would be in the interest of the public.

If the expungement is granted, the court has all public records that are related to the conviction sealed and hidden from the view of the public, with law enforcement having up to 60 days to comply with the court’s order.

Why Expungement in West Virginia Can Take Years

Although there are legal guidelines for how long the expungement process should take, real-world timelines in this state can take much longer due to inefficiencies in the system. In West Virginia, there are an estimated 356,000 people eligible for record relief, with an expungement uptake rate of only 0.7%. This means the process is not only underutilized but also slow.

For example, in 2019, only 112 expungements were processed, which shows just how inefficient the system can be. If all expungements were to be processed at this rate, it would take over 3,100 years until the entire backlog of eligible cases were cleared. This sluggishness may also be due to the lack of access to legal resources that individuals struggle with, resulting in inexperienced people having to navigate complex legal processes on their own.

Economic Impact of Expungement Delays

For those with criminal records, delays and expungement can have significant economic consequences. In West Virginia, over $872 million in annual earnings were lost as a result of the barriers to employment dealt with by people who had clearable convictions. Expungement helps people access better jobs, financial opportunities, and housing prospects, bettering not only individual economic growth but also the financial well-being of the state.

FAQs

Q: Who Is Eligible for Expungement in West Virginia?

A: Individuals who may be eligible for expungement in West Virginia include those who have committed certain nonviolent felonies and misdemeanors and who have met the requirements of mandatory wait periods. It’s important to note that DUI convictions, violent crime offenses, sex offenses, and crimes that involve minors are not eligible for expungement.

Q: How Long Do I Have to Wait Before Applying for Expungement?

A: The amount of time you may have to wait before applying for expungement is dependent on the type of conviction on your record. For example, those who have committed a single misdemeanor need to wait one year after they’ve completed their sentence or been convicted. Those with multiple misdemeanors must wait two years, and nonviolent felony offenders will need to wait five years.

Q: What Factors Can Delay the Expungement Process?

A: Factors that can delay the expungement process in West Virginia include the backlog of cases, opposition from the prosecution, victims, or law enforcement, missing evidence and other documentation, and bureaucratic and legal obstacles. In West Virginia, over 356,000 people are eligible for expungement, which can lead to notable processing times.

Q: How Does the Court Decide Whether to Grant Expungement?

A: The court decides whether to grant expungement based on the consideration of a variety of factors, including the applicant’s employment status, their efforts to rehabilitate, the amount of time that has passed since the conviction, and whether the expungement serves the interests of the public. If any objections arise, there may be a required court hearing.

Clear Your Name With an Experienced West Virginia Attorney

If you believe you are eligible for expungement, working with skilled legal representation can help you more efficiently navigate the process. Given the slow rate of the expungement process in West Virginia, those looking to get a clean record and a fresh start should file as soon as they can and ensure they have an empathetic and knowledgeable attorney on their side. A criminal defense lawyer from Meadows Law PLLC offers a free consultation.

Contact us today to get started exploring your legal options to start anew.