West Virginia Compliance Guide · 2026

West Virginia Background Check Laws for Employers (2026)

West Virginia has no ban-the-box law, no credit-check statute and no salary-history ban. As a result, the federal FCRA and Title VII carry most of the weight.

The state rules that do apply are specific: the expungement statute, the Safer Workplace Act, the Medical Cannabis Act, the social-media password law and the Human Rights Act. This guide covers each one and names the agency behind it.

NoneStatewide ban-the-box law
NoneState credit-check statute
7 YearsFCRA limit on non-convictions
12+Employees covered by the Human Rights Act
Quick Reference

West Virginia Background Check Laws at a Glance

West Virginia has no consumer-reporting statute of its own. So, the federal FCRA carries every process rule for a West Virginia employer.

The state statutes below add expungement protections, drug-testing standards, medical cannabis rules, application-question limits and social-media privacy. The table maps each rule to the agency that administers it.

Topic Statute or Regulation What It Does Administered By
Consumer reports Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no West Virginia equivalent) Requires a stand-alone disclosure, written authorization, and pre-adverse and adverse action notices. CFPB and FTC; private suits
State criminal records W. Va. Code § 15-2-24 (State Police records) Governs release of criminal history from the State Police; fingerprint checks run where a statute authorizes them. West Virginia State Police, Criminal Identification Bureau
Fair chance / ban the box No statewide law (HB 4229 pending) Private and public employers may ask about convictions on the application; Charleston and Morgantown apply fair-chance rules to their own hiring only. Not applicable
Sealed and expunged records W. Va. Code § 61-11-26 Treats expunged proceedings as if they never occurred; the applicant need not disclose them except to law-enforcement, prosecution and corrections employers. Circuit courts; West Virginia State Police records
Lookback limits No state cap; FCRA, 15 U.S.C. § 1681c Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. CFPB and FTC
Credit reports No state restriction; FCRA Requires FCRA consent and adverse action steps for employment credit checks. CFPB and FTC
Salary history No state law West Virginia does not ban salary history questions. Not applicable
Drug and marijuana testing W. Va. Code § 21-3E-1 et seq. (Safer Workplace Act); § 16A-15-4 (Medical Cannabis Act) Allows testing under a written policy; bars discrimination for medical-cannabis patient status alone. West Virginia courts; Office of Medical Cannabis
Application questions W. Va. Code § 16B-17-9(2)(A) (Human Rights Act) Bars pre-employment questions about race, religion, color, national origin, ancestry, sex or age at employers with 12 or more employees. West Virginia Human Rights Commission
Work status and E-Verify W. Va. Code § 21-1B-1 et seq. Every employer must verify and keep proof of each worker’s legal work status; E-Verify itself is voluntary. West Virginia Division of Labor
Social media W. Va. Code § 21-5H-1 et seq. (Internet Privacy Protection Act) Bars requests for personal account usernames or passwords. No penalty or agency named in the statute
Discrimination W. Va. Code § 16B-17-1 et seq. (Human Rights Act) Bars discrimination on protected traits by employers with 12 or more employees. West Virginia Human Rights Commission; U.S. EEOC
Federal Baseline

How the FCRA Applies to West Virginia Employers

The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a West Virginia employer. The state rules on this page sit on top of it, never in place of it.

West Virginia adds no state notices to the federal sequence. Even so, keep dated copies of the disclosure, authorization and both notices.

1

Clear Disclosure

Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes. Keep the form free of liability waivers and extra language.

2

Written Authorization

Get written authorization before you order. Then match the search to the position and apply the same package to every candidate for that job.

3

Pre-Adverse Action

Before you decide against a candidate because of the report, send a copy of the report and the CFPB Summary of Your Rights. Then wait a reasonable period, commonly five business days, so the candidate can dispute errors.

4

Adverse Action Notice

If you proceed, send the final notice naming the screening company and stating that it did not make the decision. Explain the right to a free file copy within 60 days and the right to dispute.

State Criminal Records

West Virginia Criminal Records: Courts and the State Police

Circuit and magistrate court records are public in every one of West Virginia’s 55 counties. Misdemeanors are tried in magistrate court and felonies in circuit court.

A search that reads only one level misses the other. Therefore, order a search that covers both courts.

State Police Fingerprint Checks

W. Va. Code § 15-2-24 governs release of criminal history from the West Virginia State Police. The Criminal Identification Bureau releases fingerprint-based records only where a statute authorizes the check, such as for healthcare, child care and schools.

Private employers outside those fields rely on court-level searches. Those searches return the charge, the disposition and the sentence the FCRA expects.

The BCS West Virginia Statewide Search

BCS Background Screening LLC runs a real-time West Virginia statewide criminal search of circuit and magistrate court records across all 55 counties. It costs $20 per name plus $15 in access fees, and every record is reviewed before release.

A county criminal court search, $18 plus any court fees, confirms a database hit at the courthouse before it reaches a report.

Lookback Rules

How Far Back a West Virginia Background Check Can Go

West Virginia has no reporting-limit statute. So, the federal FCRA at 15 U.S.C. § 1681c sets the outer limits, and your written policy decides how much of that window you use.

7 Years

Non-Convictions (Federal)

Arrests, dismissed charges and other adverse items that did not end in conviction may not be reported more than seven years after they occurred.

No Limit

Convictions (Federal)

The FCRA places no age limit on reported convictions. Most employers adopt a seven- or ten-year policy window.

$75,000+

Salary Exemption (Federal)

For positions expected to pay $75,000 or more, the seven-year limit on non-convictions does not apply. The individualized-assessment principle still does.

Never

Expunged Records

Expunged records fall outside every window. Once expunged under § 61-11-26, they may not be reported regardless of age.

The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.

Sealed and Protected Records

Which West Virginia Records You May and May Not Use

Circuit and magistrate court records are public, but expunged and juvenile records are off limits. West Virginia has no automatic clean-slate sealing; expungement runs by petition.

Sealed, Expunged and Set-Aside Records

W. Va. Code § 61-11-26, expanded by SB 152 in 2019, lets a person petition the circuit court to expunge eligible convictions. Once expunged, the proceedings are treated as if they never occurred.

Agencies reply that no record exists, and the person need not disclose the record on an employment application. The only exception covers employers engaged in law enforcement, prosecution or corrections.

Record Type Statute Waiting Period Effect
Single misdemeanor § 61-11-26 One year after conviction or completion of the sentence Treated as if it never occurred; no duty to disclose
Multiple misdemeanors § 61-11-26 Two years Treated as if it never occurred; no duty to disclose
Eligible non-violent felony § 61-11-26 Five years Treated as if it never occurred; no duty to disclose
Dismissed charge or acquittal § 61-11-25 By petition Public until expunged; FCRA seven-year limit applies meanwhile

Never act on an expunged West Virginia record, and never penalize an applicant for leaving one off an application. Only law-enforcement, prosecution and corrections employers may ask about them.

Arrests and Non-Convictions

West Virginia places no restriction on arrest records beyond the federal seven-year reporting limit on non-convictions. However, an arrest alone does not prove conduct.

Charges dismissed or ended in acquittal may be expunged under § 61-11-25. Until then they remain public court records, so confirm the disposition and act only on the underlying facts.

Juvenile Records

Juvenile court records are confidential under W. Va. Code § 49-5-101 et seq. They are not available for private employment screening.

Fair Chance Hiring

Does West Virginia Have a Ban the Box Law?

No. West Virginia has no ban-the-box law for private or public employers. Fair-chance bills have been introduced in recent sessions, and HB 4229 is pending, but none has passed.

Therefore, you may ask about convictions on the application, at the interview, or later. West Virginia requires no individualized assessment, notice or waiting period before you act on a record.

Charleston and Morgantown

Charleston and Morgantown apply fair-chance rules to their own municipal hiring. Those policies bind the cities as employers; they do not reach private businesses.

What Still Limits the Decision

Title VII applies to West Virginia employers with 15 or more employees. The Human Rights Act, W. Va. Code § 16B-17-1 et seq., enforced by the Human Rights Commission, reaches employers with 12 or more.

A blanket exclusion for any conviction invites a disparate-impact charge. So, weigh the offense, the time elapsed and the job, and record that assessment for any decline.

The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.

Federal Contractors

Federal contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for work under covered federal contracts.

Application Questions

What a West Virginia Job Application May Ask

The West Virginia Human Rights Act, W. Va. Code § 16B-17-9(2)(A) (formerly § 5-11-9), limits pre-employment questions at employers with twelve or more employees. Before employment, a covered employer may not elicit information, make or keep a record, or use an application form with questions about an applicant’s race, religion, color, national origin, ancestry, sex or age.

Two exceptions apply: a bona fide occupational qualification, and federal or state security regulations. The West Virginia Human Rights Commission enforces the Act, and disability is covered by the companion advertising clause rather than this one.

Federal law adds the four limits below. Together they apply to nearly every West Virginia employer.

Sex, Marital Status, Religion and Photographs

Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.

The EEOC treats questions about race, sex, religion, marital status, children or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.

Ask instead: whether the applicant can work the schedule, travel and overtime the job requires. Request a photograph only after hire for a badge.

Date of Birth and Age

The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants, and § 16B-17-9 bars it outright at 12 or more employees.

Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.

Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.

Disability, Health and Workers’ Compensation

The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims or sick leave all count.

GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.

Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.

Citizenship, National Origin and Military Discharge

The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status or a “green card” are evidence of a violation.

USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.

Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”

EEO self-identification is different. Collect race, ethnicity, sex, veteran and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.

Other State Rules

Credit Reports, Salary History, Drug Testing and More

Employment Credit Reports

West Virginia has no statute restricting employer credit checks. The FCRA disclosure, authorization and adverse-action steps apply in full.

Still, limit credit checks to roles with financial access, and document the reason. That practice lowers disparate-impact risk under Title VII.

Salary History and Pay Transparency

West Virginia has no salary-history ban and no pay transparency statute. Pay decisions must still comply with the federal Equal Pay Act, the West Virginia Equal Pay Act (§ 21-5B-1 et seq.) and the Human Rights Act.

Drug and Marijuana Testing

The Safer Workplace Act, W. Va. Code § 21-3E-1 et seq., enacted by HB 2857 in 2017, lets employers test employees and applicants for drugs and alcohol as a condition of hiring or continued employment. Testing must follow a written policy distributed to every employee subject to testing and available to applicants.

The policy may test for the purposes listed in § 21-3E-8: investigating possible impairment, accidents or theft, maintaining safety and productivity, and similar reasons. Confirmations go to a SAMHSA-certified, CLIA-approved or College of American Pathologists laboratory using a chromatographic method.

Under § 21-3E-11, no cause of action lies against an employer that tests in accordance with the Act. Pre-employment THC testing remains allowed.

W. Va. Code § 16A-15-4 bars an employer from discharging, refusing to hire or otherwise discriminating against an employee solely for status as a certified medical cannabis patient. It does not require accommodation of use at work, and employers may discipline for being under the influence at work.

Section 16A-5-10 lists the duties a patient may be barred from: operating vehicles, aircraft, boats or heavy machinery; high-voltage or public-utility work; handling permit-required chemicals with more than three nanograms of active THC per milliliter of blood; working at heights or in confined spaces, including mining; any task the employer deems life-threatening; and any duty that could create a public health or safety risk.

Test for impairment-related conduct rather than status. If a cardholder tests positive for THC, ask about the certification before you act, then apply the § 16A-5-10 restrictions in writing. Federal-contract and DOT roles keep their federal rules.

Motor Vehicle Records

West Virginia DMV driving records are available for employment purposes under the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, with the applicant’s written consent. CDL drivers also follow FMCSA rules: the Drug and Alcohol Clearinghouse query, the 49 C.F.R. Part 40 panel and the 49 C.F.R. § 391.23 motor vehicle record review.

BCS Background Screening LLC pulls these reports through its motor vehicle records search.

E-Verify and Form I-9

W. Va. Code § 21-1B-1 et seq. requires every employer to verify and keep proof of each worker’s legal work status, enforced by the West Virginia Division of Labor. E-Verify itself is voluntary.

Enrollment is free at e-verify.gov. Form I-9 remains mandatory for every new hire under 8 C.F.R. § 274a.2: Section 1 by the first day of work and Section 2 within three business days.

Social Media and Passwords

The Internet Privacy Protection Act, W. Va. Code § 21-5H-1 et seq., bars employers from requesting, requiring or coercing a username or password to a personal account. It also bars requiring access in the employer’s presence and compelling an employee to add the employer as a contact.

The statute names no penalty or enforcing agency. Publicly available content may still be viewed.

Automated and AI Hiring Tools

No West Virginia statute regulates automated hiring tools. The Attorney General’s 2025 guidance recommends disclosure, bias audits and human review for AI decision tools.

Title VII and Human Rights Act disparate-impact rules apply to any screen. So, test tools for adverse impact and keep a human decision-maker.

Reference Checks

West Virginia has no reference-immunity statute, so many employers confirm only dates and title. Ask for eligibility for rehire and document the answer.

Regulated Positions

West Virginia Industry-Specific Screening Requirements

Some West Virginia jobs require fingerprint checks by statute. Below are the rules employers ask about most.

Healthcare and Direct Care

Long-term care and home-care providers must screen direct-access staff through WV CARES, the fingerprint-based Clearance for Access: Registry and Employment Screening program under W. Va. Code § 16B-15-1 et seq. (recodified from § 16-49 in 2024). The Department of Health Facilities and the Office of the Inspector General administer it.

Child Care

Child care center staff and household members must clear fingerprint-based State Police and FBI checks and a child-abuse registry check. W. Va. Code chapter 49 and Bureau for Social Services licensing rules govern the process.

Public Schools

Applicants for an initial educator license are fingerprinted for State Police and FBI checks under W. Va. Code § 18A-3-10. County boards run checks on other school employees, administered by the Department of Education.

Private Security

Security guards and private investigators are licensed by the Secretary of State under W. Va. Code § 30-18-1 et seq. Licensing includes fingerprint-based checks.

Transportation

CDL drivers follow FMCSA rules: the Drug and Alcohol Clearinghouse query, the 49 C.F.R. Part 40 panel and motor vehicle record reviews. The state cannabis protection does not apply to them.

Finance, Insurance and Gaming

Banks follow FDIC Section 19; broker-dealers follow FINRA Rule 3110. Insurance producers are checked by the Offices of the Insurance Commissioner, and casino and racetrack employees are licensed by the Lottery Commission under W. Va. Code § 29-22A.

Employer Alerts

What Changed for West Virginia Employers in 2026

West Virginia passed no new screening statute in 2026, and the HB 4229 fair-chance bill remains pending. However, one state guidance document and three federal changes affect how West Virginia employers screen this year.

Recommended2025Employers using AI hiring tools

Attorney General guidance recommends safeguards for AI decision tools

The West Virginia Attorney General’s 2025 guidance recommends disclosure, bias audits and human review for AI decision tools. It is guidance, not a statute, so it creates no new filing or notice duty.

Title VII and the Human Rights Act still apply to any automated screen that creates a disparate impact.

What to do: Tell applicants when an automated tool scores them, audit the tool for adverse impact, and keep a human decision-maker on every decline.

Source: West Virginia Attorney General guidance on AI decision tools, 2025; W. Va. Code § 16B-17-1 et seq. Read the law

ReminderOct. 28, 2026All employers with 15 or more employees

EEOC rescinds its 2012 arrest and conviction guidance

The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.

The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.

What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.

Source: EEOC press release, Oct. 29, 2026. Read the release

ReminderApr. 28, 2026Employers that drug test

Medical marijuana moved to Schedule III; DOT testing is unchanged

DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.

DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.

What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. For other roles, keep applying the Safer Workplace Act policy and the § 16A-15-4 patient protection.

Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance

ReminderAug. 21, 2026Federal contractors

OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain

Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.

The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.

What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.

Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice

Screening Services

West Virginia Employment Screening Services

BCS Background Screening LLC runs FCRA-compliant searches for West Virginia employers of every size, with no setup fee and per-search pricing.

West Virginia Statewide Criminal Search

Real-time search of circuit and magistrate court records across all 55 counties. Price: $20 per name plus $15 in access fees, every record reviewed before release.

County Criminal Court Search

Direct research at the county courthouse, seven-year standard scope. Price: $18 plus any court fees.

SSN Trace

Included at no extra cost in every search package: 10-plus years of address history to point criminal searches at the right counties.

Nationwide Criminal Database

$17 locator search of thousands of court, corrections and registry sources with three name variations. Every hit is verified at the source before it is reported.

Federal Criminal Search

Covers the U.S. District Courts for the Northern and Southern Districts of West Virginia for federal offenses.

Motor Vehicle Records

West Virginia driving records for any position that drives on company business, with CDL and DOT-regulated roles supported.

Verifications and Add-ons

Employment, education, professional license and reference verifications, plus employment credit reports for positions with financial responsibility.

Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.

Action Items

West Virginia Employer Compliance Checklist

  • Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
  • Remove race, religion, national origin, ancestry, sex and age questions from the application under § 16B-17-9.
  • Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
  • Order a search that covers both circuit and magistrate courts.
  • Never act on expunged records; applicants need not disclose them.
  • Keep non-convictions within seven years for jobs under $75,000; set a written policy window for convictions.
  • Run an individualized assessment before declining a candidate for a record, and keep a dated note.
  • Adopt and distribute a written drug-testing policy that meets the Safer Workplace Act before you test.
  • Do not act on medical cannabis cardholder status alone; apply the § 16A-5-10 duty restrictions in writing.
  • Verify work authorization for every hire under § 21-1B and keep the proof; never ask for social-media passwords.
Employer FAQs

West Virginia Employment Screening Law FAQs

Are employment credit checks restricted in West Virginia?

No. West Virginia has no statute limiting employer credit checks. The federal Fair Credit Reporting Act applies: stand-alone disclosure, written authorization, a pre-adverse action notice with a copy of the report, and a final adverse-action notice.

The Consumer Financial Protection Bureau and the Federal Trade Commission enforce it. Limit credit checks to roles with financial access.

Does West Virginia have a ban-the-box law?

No. West Virginia has no ban-the-box statute for private or public employers; HB 4229 is pending but has not passed. Charleston and Morgantown apply fair-chance rules to their own hiring only.

Title VII, enforced by the EEOC, and the West Virginia Human Rights Act (W. Va. Code § 16B-17-1 et seq.), enforced by the Human Rights Commission, still require that criminal-record decisions be job related.

How many years back can a West Virginia background check go?

West Virginia has no lookback statute, so the federal Fair Credit Reporting Act, 15 U.S.C. § 1681c, governs. Consumer reporting agencies may not report arrests and other non-convictions older than seven years for positions paying under $75,000.

Convictions carry no federal age limit. Expunged records may not be reported at any age. The CFPB and FTC enforce these limits.

Can a West Virginia employer ask about expunged records?

Under W. Va. Code § 61-11-26 an expunged proceeding is treated as if it never occurred, agencies must reply that no record exists, and the person need not disclose it on an employment application. The exception covers employers in law enforcement, prosecution or corrections.

Waiting periods are one year for a single misdemeanor, two years for multiple misdemeanors and five years for eligible non-violent felonies. Petitions are heard in circuit court, and the West Virginia State Police removes the record from its files.

What may a West Virginia employer ask on a job application?

The Human Rights Act, W. Va. Code § 16B-17-9(2)(A), bars employers with twelve or more employees from asking about race, religion, color, national origin, ancestry, sex or age before employment. A bona fide occupational qualification and federal or state security regulations are the only exceptions. The West Virginia Human Rights Commission enforces it.

Title VII, the ADEA, the ADA and the INA add federal limits on disability, citizenship and related questions. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.

What do the Safer Workplace Act and Medical Cannabis Act allow?

W. Va. Code § 21-3E-1 et seq. makes it lawful to test employees and applicants under a written policy distributed to employees and available to applicants, for the purposes listed in § 21-3E-8. Under § 21-3E-11 no cause of action lies against an employer that tests in accordance with the Act, which the courts apply rather than an agency.

W. Va. Code § 16A-15-4, administered by the Office of Medical Cannabis, bars refusing to hire a certified medical cannabis patient for status alone. Employers may still discipline for being under the influence at work and may bar patients from the duties listed in § 16A-5-10.

Can West Virginia employers ask for social media passwords?

No. The Internet Privacy Protection Act, W. Va. Code § 21-5H-1 et seq., bars employers from requesting, requiring or coercing a username or password to a personal account, requiring access in the employer’s presence, or compelling an employee to add the employer as a contact.

Publicly available content may be viewed. The statute names no penalty or enforcing agency.

Is E-Verify mandatory in West Virginia?

No. W. Va. Code § 21-1B-1 et seq. requires every employer to verify and keep proof of each worker’s legal work status, enforced by the West Virginia Division of Labor, but E-Verify enrollment is voluntary.

Every employer must still complete Form I-9 within three business days of the start date under 8 C.F.R. § 274a.2.

Get Started

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BCS Background Screening LLC delivers real-time West Virginia court research, FCRA-ready disclosures and notices, and a quality review team that checks every record before it reaches your report.

Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.

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This page provides general information about West Virginia background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.