West Virginia State Background Check

In West Virginia, the central repository for criminal records in the state is the Criminal Identification Bureau of the State Police. Due to the nature of West Virginia's records system, backgroundchecks.com is unable to offer direct state-level background checks based on this repository. Employers can instead rely on our (instant search database) for several counties within the state, including Kanawha, Raleigh, and Mercer.

This instant search contains records from the Administrative Office of Courts, the West Virginia Sex Offender Registry, and the Department of Corrections. AOC records include misdemeanor and felony conviction records stretching back to 1995. The offender registry's data begins in 1987. DOC records concern current inmates of the state prison system.

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.