Employers hiring in West Virginia work with two layers of rules at once. The federal Fair Credit Reporting Act sets the baseline for how any employer in the country orders and uses a background check through a third party. West Virginia law then adds its own rules on how criminal history is collected, how older convictions can be cleared from a record, and how certain licensing boards weigh criminal history. This guide walks through both layers so a hiring team understands what applies, and says plainly where West Virginia currently has no statewide rule.
The federal baseline: FCRA duties every employer owes
If an employer orders a background check report from a consumer reporting agency rather than doing the digging itself, the Fair Credit Reporting Act applies regardless of which state the job is in. The core duties come from 15 U.S.C. 1681b, the section of the FCRA that governs permissible purposes for pulling a report:
- Give the applicant or employee a clear, standalone written disclosure that a background report may be obtained for employment purposes. The disclosure cannot be buried in a job application or combined with a liability waiver.
- Get the person’s written authorization before ordering the report.
- Before taking any adverse action such as withdrawing an offer, send a pre-adverse action notice that includes a copy of the report and a copy of the Summary of Consumer Rights.
- Give the person a reasonable amount of time to respond or dispute information before finalizing the decision.
- If the final decision is still adverse, send an adverse action notice naming the consumer reporting agency and stating the person’s FCRA rights.
The FCRA also limits how far back certain negative, non-conviction information can be reported. Under 15 U.S.C. 1681c, a consumer reporting agency generally cannot report civil suits, civil judgments, arrest records that did not lead to conviction, paid tax liens, and most other adverse items older than seven years. Criminal convictions themselves are not subject to that seven year limit under federal law, though some information furnishers and agencies choose a shorter reporting window as a matter of policy. A background check will not necessarily show every record that exists in every state, and what typically appears depends on the sources searched and how each court or agency maintains its records.
West Virginia criminal history: who holds the records and who can request them
Criminal history record checks in West Virginia are maintained through the West Virginia State Police Criminal Identification Bureau, which processes state and FBI fingerprint based record checks for qualifying employers, licensing boards, and other authorized requesters. The bureau’s criminal records page explains the process for requesting a state or federal check and which forms apply depending on the type of request.
Many employers do not have statutory authority to run a state fingerprint based check directly, so most private sector screening still relies on third party consumer reports built from court records, which is where FCRA duties above come in. Employers that are statutorily authorized to require fingerprint based state and FBI checks, such as certain licensed occupations and positions involving vulnerable populations, work through the West Virginia State Police Criminal Identification Bureau or the relevant licensing board.
Expungement: how a West Virginia conviction can come off a record
West Virginia allows certain people to petition a court to expunge specific criminal convictions once statutory conditions are met. The expungement statute, West Virginia Code 61-11-26, lays out which offenses and circumstances qualify, the waiting periods involved, and the legal effect of a granted expungement. When a court grants expungement under this statute, the record is treated as if the underlying events did not occur for most purposes, which means a background check run after expungement generally should not surface that conviction through standard court record searches. The exact offenses eligible, waiting periods, and procedure are specific and detailed, so an employer evaluating an applicant’s history should not assume what is or is not eligible without reading the statute or consulting counsel.
Ban the box in West Virginia
West Virginia does not currently have a statewide “ban the box” statute that restricts when private employers may ask about criminal history on a job application. Some municipalities and specific hiring processes have adopted their own timing rules for state government hiring, but absent a generally applicable state law for private employers, the safest practice is to rely on the federal guidance below and apply criminal history screening consistently and only when job related, rather than assuming a blanket state mandate exists. Employers should verify current requirements for their specific jurisdiction and industry since local practices can change.
Licensing boards and criminal history consideration
A number of West Virginia occupational licenses are governed by boards that may consider criminal history as part of licensure decisions. West Virginia Code Article 30-1D, titled “Provisions Affecting Certain Boards of Licensure,” sets rules that apply across multiple licensing boards for how criminal convictions may or may not be used to deny, suspend, or revoke a license, including standards for when a conviction must be directly related to the duties of the licensed occupation. An employer hiring into a licensed field, such as healthcare, cosmetology, or certain trades, should check both the applicable board’s specific statute and Article 30-1D, since the rules differ from how a private, non-licensed employer may treat the same criminal history under general FCRA and Title VII principles.
Quick reference table
| Topic | West Virginia rule | Source |
|---|---|---|
| Ban the box scope | No general statewide law found for private employers; verify local or agency specific policies | State practice, no statute identified |
| Lookback limits on non-conviction records | Federal seven year limit applies through the FCRA; no separate shorter state statute identified for private employer reports | 15 U.S.C. 1681c |
| Expungement or sealing | Court petition process for qualifying convictions, with waiting periods and offense limits | W. Va. Code 61-11-26 |
| Licensing board criminal history rules | Cross board standards on relatedness of conviction to the licensed occupation | W. Va. Code Article 30-1D |
| State criminal record requests | Fingerprint based state and FBI checks processed through the state police for authorized requesters | WVSP Criminal Records |
Federal fair employment considerations
Separate from the FCRA’s procedural duties, Title VII of the Civil Rights Act addresses discrimination concerns that can arise from how criminal history is used in hiring. The Equal Employment Opportunity Commission has previously published enforcement guidance specific to arrest and conviction records; that 2012 guidance document was rescinded in 2026, so employers should not rely on its old framework or its prior web address. Instead, employers should consult the EEOC’s current, live guidance pages on background checks and on prohibited employment practices, and should generally avoid blanket exclusion policies that are not job related and consistent with business necessity. Employers may be able to consider job related criminal history as part of a broader hiring decision, but should apply any such policy consistently and document the business reasons, and should consult legal counsel on how Title VII principles apply to a specific hiring decision.
Frequently asked questions
Does West Virginia have its own background check disclosure form separate from the FCRA disclosure?
No separate statewide disclosure form has been identified. Employers should still provide the FCRA standalone disclosure and obtain written authorization as required under 15 U.S.C. 1681b for any third party background report.
Can a West Virginia employer ask about arrests that never led to a conviction?
The FCRA generally prevents a consumer reporting agency from including arrest records older than seven years that did not result in conviction. For more recent arrest information, employers should focus on job relatedness and consult the EEOC’s current guidance on how arrest records, as opposed to convictions, can raise fair employment concerns.
How does a West Virginia applicant get an old conviction expunged?
The applicant petitions a court under West Virginia Code 61-11-26, which sets out eligible offenses, waiting periods, and the procedure. Eligibility depends on the specific offense and circumstances, so an applicant or employer should review the statute directly rather than assume a conviction is eligible.
Do all West Virginia occupational licenses treat criminal history the same way?
No. Article 30-1D sets some cross board standards, but individual licensing boards may have their own statutes and rules addressing criminal history for that specific occupation, so both should be checked.
Is the 2012 EEOC arrest and conviction guidance still something employers should cite?
No. That 2012 enforcement guidance document was rescinded in 2026 and its prior web address no longer loads. Employers should rely on the EEOC’s current, live guidance pages instead.
Where can an authorized employer request a state or FBI fingerprint based check in West Virginia?
Through the West Virginia State Police Criminal Identification Bureau, which processes these requests for employers and agencies with statutory authority to require them.
Related reading
For a look at how another state’s employer background check rules compare, see our Virginia background check laws for employers guide, and for a broader walkthrough of the background check process itself, see employee background check process, types and compliance. To order a compliant background check for your West Virginia hiring, visit Reveal Background.
This article is general information, not legal advice. Employers should consult qualified counsel about how federal and West Virginia law apply to their specific hiring practices.
