West Virginia Criminal Records

What is contained in a criminal record in West Virginia?

Criminal records in West Virginia generally contain the basic information about the person, like name, weight, height, eye color, etc. They also include mugshots and fingerprints, past convictions, and the sentences of those convictions. Finally, the proceedings of the trial and court hearings are also documented.

How do I find criminal records in West Virginia?

Criminal records can be found in a multitude of places in West Virginia. The most convenient way is through an online service, such as third-party websites. The West Virginia State Police has an online criminal record finder as well. To find criminal records in person, you can visit the court where the case was heard.

Can employers see arrest records in West Virginia?

An arrest record is typically public information in West Virginia unless it is erased. However, multiple background check companies have decided not to show arrest record information since it does not prove a person guilty. The West Virginia Human Rights Act states that employers cannot inquire about previous arrests for potential job applicants.

Are juvenile criminal records public in West Virginia?

Juvenile criminal records are not available to the public in West Virginia. This is so that juveniles who committed a crime early in their life do not have to struggle as much when trying to get employed or get a loan. It would be unfair for mistakes made as a minor to count against you since studies show that the brain does not fully finish developing until 25.

How do I get rid of my criminal record in West Virginia?

To get rid of a criminal record in West Virginia, you will have to see if you are available for expungement. Expungement is the action of destroying both physical and online records of past convictions to get rid of the downsides that having a criminal record comes with.

How long do I have to wait to expunge my criminal record in West Virginia?

To expunge your criminal record in West Virginia, you will first have to see if you qualify for expungement. If your conviction was a misdemeanor, you could file for expungement one year after the sentence ends if it's a first-time conviction or two years if you have committed 2+ misdemeanors. You can expunge a felony five years after the sentence ends.

What is the process of expunging a criminal record in West Virginia?

After checking to see if you are eligible, you start by filing a petition to the court that heard the case, along with other necessary documents. There is also a fee included. If the court decides to listen to your case, then they will determine if the crime will be expunged or not.

Do arrests show up on criminal background checks in West Virginia?

Arrests may or may not show up, depending on a couple of reasons. If the arrest was expunged, then obviously, it will not show up on any background check, and you have the right to say you've never been arrested or convicted of a crime. If the arrest has not been expunged, then it depends on which background check service the employer uses.

How serious are misdemeanors in West Virginia?

In West Virginia, misdemeanors are defined as crimes that do have sentences of more than a year. Misdemeanors may still have fines, however. They are the less severe class of crime in West Virginia, as compared to a felony. Having a misdemeanor on your record may make it difficult to get a job. Luckily, West Virginia has a quick expungement eligibility wait time.

What defines a felony in West Virginia?

Felonies in West Virginia carry much more severe sentences than misdemeanors, and the worst kind of felonies could land you in prison for life. Felonies are divided into six classes, with Class 1 being the most severe and Class 6 being the least severe. Examples of felonies include murder, a 3rd-time assault and battery offense, arson, and shoplifting 3rd-time offense.

How do I find sex offenders in West Virginia?

To find a sex offender in West Virginia, you must access the sex offender registry. The sex offender registry is publicly available and can be found by searching online. A sex offender search will provide their past offenses, location, sentence, and personal information such as race, weight, and height. The reason to make this information public is to protect people from potential re-offenders.

Are criminal records public in West Virginia?

Anyone can access criminal records because of the West Virginia Freedom of Information act. All information relating to past convictions is contained in these criminal records. The purpose of this is to allow people to see if the justice system is doing a good job or not. If everything was kept private, corrupt courts could potentially give many unfair judgments and decisions.

How far does a criminal background check go in West Virginia?

West Virginia is not one of the seven-year states so that background checks can see every conviction. A seven-year state is a state that enacted a law saying criminal background checks can't see past seven year's worth of convictions. This is to protect people who have learned from their past mistakes from still facing difficulty when applying for a job.

How do I get off the sex offender registry in West Virginia?

To get off the sex offender registry in West Virginia, ten years must have passed since the end of the sentence. After that, you can file a petition to the court to get off the sex offender registry. They will then decide if you should be removed from the registry or not. It is highly recommended to hire a lawyer for this process so that you can have the best chance possible to get your name removed.

Do I need a lawyer to expunge my criminal record in West Virginia?

A lawyer will help with a multitude of things when filing for expungement in West Virginia. They will increase your chances of having the expungement go through since they are educated in the process, and it is in their best interest for your record to get expunged. If you can afford a lawyer, they will do all the work for you.

Where do I find inmates in West Virginia?

To find an inmate in West Virginia, you can use the West Virginia Division of Corrections' online locator tool. Additionally, you could go to a court or sheriff's office and request help for finding an inmate.

What is contained in an inmate record in West Virginia?

Inmate records contain the inmate's location, their convictions, the remaining sentence, any parole or probation statuses, and personal information. Additionally, they will record instances of good or bad behavior that affect their standing in the facility or if they were moved because of certain actions.