Old arrest on a background check in West Virginia: what to do
Checked against official sources: Oct 25, 2026
In West Virginia:
- Arrests, dismissals and not-guilty cases
- Acquittal or dismissal: File no sooner than 60 days after the acquittal or dismissal, counted from order of acquittal or dismissal
- What it's called and what it does
- In West Virginia it is called expungement: when a court grants expungement in West Virginia, court records are sealed and other agencies' records, including police records, are expunged.
- Do this now
- Find out which background check company made the report.
A federal law, the Fair Credit Reporting Act, limits how long background check companies can report an arrest: 7 years from the date of entry, or until the statute of limitations runs out if that is longer, and the limit doesn't apply to jobs that pay $75,000 a year or more. Convictions have no federal time limit.
More about this
You can ask the company for your file and dispute anything wrong or incomplete, and if the record was sealed or expunged you can send the court order with your dispute.
General legal information, not legal advice. RobinClaim is not a law firm.
Build your plan
Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.
Your plan for West Virginia
Do now
Find out which background check company made the report.
Why: When you give permission for a check, you can ask which company is doing it; the CFPB keeps a list of employment and tenant screening companies.
Ask that company for a free copy of your file within 60 days of the notice that you were turned down.
Why: You have the right to see everything in your file and where it came from; it is free if you ask within 60 days after the notice.
Compare the report with your own record and the court papers.
Why: Background check companies must use reasonable procedures to make reports as accurate as possible; for a job, a reported arrest or conviction counts as up to date if the report shows its current status in the public record, such as a dismissal.
Nothing extra here for your answers.
This week
If the arrest did not lead to a conviction, check how old it is.
Why: An arrest record can be reported for 7 years from the date of entry, or until the statute of limitations runs out if that is longer; the limit doesn't apply to jobs that pay $75,000 a year or more.
Dispute anything wrong, incomplete or too old with the background check company, in writing.
Why: The company must look into it for free, usually within 30 days, and fix or delete information that is wrong or can't be verified.
If an employer turned you down, know the federal rules on background checks for jobs.
Why: In most cases an employer must get your written permission before ordering the report and give you a copy and a summary of your rights before turning you down because of it. Under EEOC guidance, an arrest alone does not prove you did anything wrong.
Look up whether your state lets you clear this record.
West Virginia: Acquittal or dismissal: File no sooner than 60 days after the acquittal or dismissal, counted from order of acquittal or dismissal
Why: Clearing a record under your state's law is separate from the 7-year rule; if a record is sealed or expunged, you can send the court order with a dispute.
Nothing extra here for your answers.
If it's not resolved
If the company doesn't fix a mistake, file a complaint with the CFPB.
Why: Dispute the mistake with the company first; if it doesn't fix it, you can complain to the Consumer Financial Protection Bureau.
If an employer got the report without your permission or turned you down without the required notices, contact the FTC.
Why: The FTC can be reached at ftc.gov or 877-382-4357.
If you think the background check was used to discriminate against you, contact the EEOC.
Why: The EEOC can be reached at eeoc.gov or 800-669-4000 (TTY 800-669-6820).
Nothing extra here for your answers.
Deadlines
How long an arrest can be reported
General rule: 7 years from the date of entry, or until the statute of limitations runs out if that is longer (not for jobs that pay $75,000 a year or more)
How long a conviction can be reported
General rule: No federal time limit (a state law may limit it)
Free copy of your file after you are turned down
General rule: Ask within 60 days after the notice
Arrests, dismissals and not-guilty cases
General rule: see state
In West Virginia:
Acquittal or dismissal: File no sooner than 60 days after the acquittal or dismissal, counted from order of acquittal or dismissal
Law: W. Va. Code § 61-11-25 · checked Oct 2026 · Official source
What it's called and what it does
General rule: see state
In West Virginia:
In West Virginia it is called expungement: when a court grants expungement in West Virginia, court records are sealed and other agencies' records, including police records, are expunged. Some misdemeanor and felony convictions may be cleared.
Law: W. Va. Code § 61-11-25 · checked Oct 2026 · Official source
Key facts for West Virginia
Record Clear Map
- What it's called
- Expungement
- Convictions
- Some misdemeanor and felony convictions may be cleared.
- Example waiting period
- One misdemeanor: 1 year, counted from conviction, end of incarceration or end of supervision, whichever is later
- Filing fee
- No filing fees or costs.
Record Clear Map: West Virginia · checked Oct 2026
Documents to gather
- The background check report and any notice you got with it
- Court papers showing how the case ended (for example a dismissal)
- A copy of your own state or FBI record
- The court order, if the record was sealed or expunged
Where to go
- FederalConsumer Financial Protection Bureau (CFPB): submit a complaint
The company didn't fix a mistake after your dispute
- FederalCFPB list of consumer reporting companies
To find a background check company and ask for your file
- FederalU.S. Equal Employment Opportunity Commission (EEOC)
You think a background check was used to discriminate against you at work
- StateYour state's criminal records office
To get a copy of your own state record
West Virginia: West Virginia State Police, Criminal Records Section (Criminal Identification Bureau): Background checks, including a check of your own record, are done only through the state's fingerprint vendor IdentoGO (identogo.com, 855-766-7746); you can no longer get one at State Police headquarters. Before asking for expungement, WVSP says to get this check to see which charges it holds, then contact the circuit clerk in the county of arrest and file the petition with the circuit court. After expungement, WVSP sends a certified letter to the circuit clerk; WVSP does not give expungement status by phone. Phone: 304-746-2418.
- FederalLegal aid (Legal Services Corporation finder)
You want free legal help to check whether your record qualifies
Costs
Disputing a background check report is free. A copy of your file is free if you ask within 60 days after you were turned down because of it, and free once a year in some other cases if you say so in writing, for example if you are unemployed and plan to look for work within 60 days.
Talk to a lawyer if
- The company keeps reporting a record that is wrong, too old, sealed or expunged after your dispute
- You were turned down without the notices described above
- You think the check was used to discriminate against you
- You are not a U.S. citizen and the record is a conviction
Free help
Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help). Record Clear Map lists free legal help for each state. Court clerks can't give legal advice.
Guides for your state
Guides for every state
Questions
How long an arrest can be reported: what is the rule?
7 years from the date of entry, or until the statute of limitations runs out if that is longer (not for jobs that pay $75,000 a year or more)
How long a conviction can be reported: what is the rule?
No federal time limit (a state law may limit it)
Free copy of your file after you are turned down: what is the rule?
Ask within 60 days after the notice
Time for the company to look into a dispute: what is the rule?
Usually 30 days
Arrests, dismissals and not-guilty cases in West Virginia: what is the rule?
Acquittal or dismissal: File no sooner than 60 days after the acquittal or dismissal, counted from order of acquittal or dismissal (W. Va. Code § 61-11-25)
What it's called and what it does in West Virginia: what is the rule?
In West Virginia it is called expungement: when a court grants expungement in West Virginia, court records are sealed and other agencies' records, including police records, are expunged. Some misdemeanor and felony convictions may be cleared. (W. Va. Code § 61-11-25)
When should I talk to a lawyer?
The company keeps reporting a record that is wrong, too old, sealed or expunged after your dispute; You were turned down without the notices described above; You think the check was used to discriminate against you; You are not a U.S. citizen and the record is a conviction.
How much does it cost?
Disputing a background check report is free. A copy of your file is free if you ask within 60 days after you were turned down because of it, and free once a year in some other cases if you say so in writing, for example if you are unemployed and plan to look for work within 60 days.
Plans by state
Open the plan with one state's rules filled in:
Sources
- 15 U.S.C. 1681c (what background check reports can include)
- 15 U.S.C. 1681b (employer permission and notices)
- 15 U.S.C. 1681g (your right to your file)
- 15 U.S.C. 1681i (disputes)
- 15 U.S.C. 1681k (public records reported for jobs)
- EEOC Enforcement Guidance No. 915.002 (arrest and conviction records)
- EEOC/FTC: Background Checks – What Job Applicants and Employees Should Know
- CFPB: submit a complaint
- CFPB: list of consumer reporting companies
Plan checked Oct 2026. Independently fact-checked 2026-10-25.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.