At-a-Glance Compliance Overview

State Mini-FCRA Laws

West Virginia does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

West Virginia does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing / Expungement

West Virginia provides mechanisms for expungement and record sealing of certain criminal records.

Relevant statutes include:

W. Va. Code §61-11-25 et seq. – Expungement of certain offenses
W. Va. Code §61-11-26 et seq. – Expungement of non-convictions

Key Provisions

Eligible individuals may petition to expunge:

• arrests and charges not resulting in conviction
• certain misdemeanor convictions
• certain non-violent felony convictions under limited circumstances

Expunged records are removed from public access and generally will not appear in routine employment background checks.

Fair Chance / Ban-the-Box Law

West Virginia has not adopted a statewide ban-the-box law applicable to private employers.

Private employers may:

• inquire about criminal history at any stage of the hiring process
• include criminal history questions on initial job applications

No state or local timing restrictions apply.

Credit Check Rules

West Virginia does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis & Drug Testing Rules

West Virginia permits medical marijuana use and provides limited employment protections.

Employers are not required to accommodate marijuana use in the workplace but should consider:

• disability-related protections in limited circumstances
• lawful off-duty conduct considerations

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment

Pay Equity & Salary History Rules

West Virginia does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in West Virginia.

Key Statutes

• Expungement (Convictions) – W. Va. Code §61-11-25 et seq.
• Expungement (Non-Convictions) – W. Va. Code §61-11-26 et seq.

Employer Compliance Checklist

Employers conducting background checks in West Virginia should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Ensure expunged records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Evaluate use of credit information for job-relatedness and compliance with employment laws.

• Understand limited protections related to medical marijuana use.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.