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West Virginia background check laws for employers
West Virginia has no ban-the-box, credit-check, or state consumer reporting law that adds steps for private employers beyond federal FCRA. People with expunged records do not have to disclose them on job applications. Nursing homes, home health agencies, and other covered care providers must clear workers through the state WV CARES fingerprint program.
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Fair-chance hiring (criminal history)
- No West Virginia statute restricting when private employers may ask about criminal history was found in the Labor chapter or the Human Rights Act (W. Va. Code ch. 21; § 5-11).
State consumer report rules
- No West Virginia statute adding employer disclosure or consent steps beyond federal FCRA was found; the Consumer Credit and Protection Act covers credit sales and debt collection (W. Va. Code ch. 46A).
How far back a report can go
- A person whose conviction is expunged does not have to disclose it on an employment application, except for jobs in law enforcement, prosecution, or corrections (W. Va. Code § 61-11-26(l)(1)).
- Employers required by state or federal law to run a criminal history check may learn of convictions expunged under this section (W. Va. Code § 61-11-26(l)(3)).
- A person whose arrest or charge was expunged after acquittal, dismissal, or completed diversion does not have to disclose it on an employment application (W. Va. Code § 61-11-25).
- No West Virginia law found that sets a 7-year reporting limit beyond federal FCRA.
Credit checks
- No West Virginia statute limiting employer use of credit reports was found in the Labor chapter (W. Va. Code ch. 21).
Also good to know
- Covered providers such as nursing facilities, home health agencies, hospices, assisted living, personal care, and adult day care may not employ direct-access workers until the WV CARES registry prescreening and fingerprint check is complete (W. Va. Code §§ 16B-15-1, 16B-15-3(a)).
Common questions
Can West Virginia employers run a background check?
West Virginia has no ban-the-box, credit-check, or state consumer reporting law that adds steps for private employers beyond federal FCRA. People with expunged records do not have to disclose them on job applications. Nursing homes, home health agencies, and other covered care providers must clear workers through the state WV CARES fingerprint program.
Does West Virginia have a ban-the-box law for private employers?
No West Virginia statute restricting when private employers may ask about criminal history was found in the Labor chapter or the Human Rights Act (W. Va. Code ch. 21; § 5-11).
How far back does a background check go in West Virginia?
A person whose conviction is expunged does not have to disclose it on an employment application, except for jobs in law enforcement, prosecution, or corrections (W. Va. Code § 61-11-26(l)(1)).
Can West Virginia employers run credit checks on applicants?
No West Virginia statute limiting employer use of credit reports was found in the Labor chapter (W. Va. Code ch. 21).
Some rules for West Virginia weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- W. Va. Code § 61-11-26 (official WV Legislature)
- W. Va. Code § 61-11-25 (official WV Legislature)
- W. Va. Code § 16B-15-1 (official WV Legislature)
- W. Va. Code § 16B-15-2 (official WV Legislature)
- W. Va. Code § 16B-15-3 (official WV Legislature)
- W. Va. Code ch. 21 table of contents (official WV Legislature)
- W. Va. Code § 5-11 table of contents (official WV Legislature)
- W. Va. Code ch. 46A table of contents (official WV Legislature)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.