West Virginia State Background Check

What may be reported on a state criminal history search?

• Jurisdiction where record is recorded
• Case number
• Defendant
• Charge
• Filing date
• Degree of offense, like misdemeanor
• Disposition
• Disposition date
• Sentence

State Restrictions and Recommendations on Criminal Record Considerations

Ban the Box

There are no ban the box rules in place in West Virginia.

Arrest Records

There are no major restrictions on an employer’s ability to ask an applicant about their history of arrests, or to use such information in employment decisions. Only court-sealed and expunged records are disallowed. However, the state’s non-discrimination guidelines warn employers to be cautious about considering such records, noting an arrest is not always an indication of guilt or criminal involvement.

Conviction Records

As with arrests, only expunged and sealed records are inadmissible in employment considerations. Otherwise, employers may ask about and use this information. The state’s guidelines warn employers not to consider this carte blanche to use any conviction as grounds for an adverse hiring decision. Instead, the state encourages businesses to follow EEOC-influenced recommendations, such as inquiring only into convictions relevant to the job role and considering factors such as time elapsed and rehabilitative efforts.