Guide
West Virginia Expungement Research Resources
West Virginia expungement petitions are filed in circuit court under W. Va. Code 61-11-25 and 61-11-26, and the State Police then update the state record. The official West Virginia sources are listed below.
- WV Courts, Expungement Petition Instructions (SCA-C900)Who can petition and when, under Code 61-11-26
- W. Va. Code 61-11-26Expungement of certain criminal convictions
- WV State Police, Criminal RecordsState Police tell the circuit court when expungement is done
This directory is for informational and research use only. Expungement eligibility, waiting periods, filing fees, notice rules, and the effect on background checks can differ significantly depending on the state, offense level, case outcome, and later law changes.
Guide
Sealing a divorce or civil file in West Virginia
West Virginia needs no sealing motion for a divorce, because the Family Court rules close the file. Rule 6(a) of the Rules of Practice and Procedure for Family Court provides that all orders and indices are public records, and that all pleadings, recordings, exhibits, transcripts or other documents contained in a court file are confidential and shall not be available for public inspection, while remaining open to the parties, their attorneys of record, guardians ad litem, a party's written designee and persons with standing to modify or enforce a support order unless the file is sealed under the rule or an order prohibits access. Rule 6(b) closes family court hearings to the public, and the sworn Financial Statement, SCA-FC-106, carries its own legend that it is required by law and court rule to be kept confidential.
The rule also works in the other direction. Under Rule 6(c), upon written motion, for good cause shown, the court may enter an order permitting a person who is not otherwise allowed access to examine or copy documents in a file; the order must set forth specific findings that the interests of justice necessitate the examination and must be limited to particular documents. A judge may further order sensitive information in a file sealed so that even the parties reach it only by order, and Rule 6(d) requires a court order before confidential medical, educational or child welfare records are disclosed. The rules are at courtswv.gov.
Guide
Research Notes
- Start with the court and the originating agency. Expungement or sealing requests are often handled through the court that heard the case, sometimes with supporting records from police, prosecutors, or corrections agencies.
- Terminology differs by state. Some jurisdictions use terms such as sealing, set-aside, vacatur, dismissal relief, or nondisclosure instead of expungement.
- Verify current law. Eligibility rules can change through legislation or court decisions, so always confirm the current process before relying on older instructions or third-party summaries.
- Understand downstream effects. Even after record relief, treatment of court, police, private-background check, and federal records may differ depending on the system involved.
By state