West Virginia Background Check Laws for Employers
West Virginia has no ban-the-box law, no credit-check statute and no salary-history ban, so 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 for drug testing, the Medical Cannabis Act’s protection for cardholders, the social-media password law and the Human Rights Act. This guide covers each one and names the agency behind it.
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West Virginia employment screening laws at a glance
West Virginia has no consumer-reporting statute of its own, so the federal FCRA carries the process rules. The state statutes below add expungement protections, drug-testing standards, medical cannabis rules and social-media privacy.
| Rule | What it requires | Administering agency |
|---|---|---|
| Federal FCRA, 15 U.S.C. § 1681 et seq. | Stand-alone disclosure, written authorization, pre-adverse and adverse-action notices, seven-year limit on reported non-convictions below $75,000. | Consumer Financial Protection Bureau; Federal Trade Commission; private suits |
| W. Va. Code § 61-11-26 (expungement) | Expunged 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, except to employers in law enforcement, prosecution or corrections. | Circuit courts; West Virginia State Police records |
| W. Va. Code § 21-3E-1 et seq. (Safer Workplace Act) | Employers may test applicants and employees under a written policy distributed to employees and available to applicants, for the purposes the Act lists; no cause of action lies against an employer that tests in accordance with the Act. | Employers (policy); West Virginia courts |
| W. Va. Code §§ 16A-15-4 and 16A-5-10 (Medical Cannabis Act) | Employers may not discriminate against a certified medical cannabis patient for status alone, but may discipline for being under the influence at work and may bar patients from the duties listed in § 16A-5-10. | Office of Medical Cannabis, Department of Health |
| W. Va. Code § 21-5H-1 et seq. (Internet Privacy Protection Act) | Employers may not request, require or coerce a username or password to a personal account, require access in the employer’s presence, or compel an employee to add the employer as a contact. | No penalty or agency named in the statute |
| W. Va. Code § 16B-17-1 et seq. (Human Rights Act) | No discrimination on protected traits by employers with 12 or more employees; the EEOC guidance on criminal records applies through Title VII. | West Virginia Human Rights Commission; U.S. EEOC |
| W. Va. Code § 21-1B-1 et seq. (Verification of Legal Employment Status) | Employers must verify and keep proof of each worker’s legal work status; E-Verify itself is voluntary. | West Virginia Division of Labor |
| W. Va. Code § 15-2-24 (State Police records) | Governs release of criminal history from the State Police; employers use fingerprint checks where a statute authorizes them. | West Virginia State Police, Criminal Identification Bureau |
The FCRA process every West Virginia employer must follow
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. Keep dated copies of the disclosure, authorization and both notices.
Disclose and authorize
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes, and get written authorization before you order. Keep the disclosure free of liability waivers and extra language.
Order the right scope
Match the search to the position. Order criminal, driving, credit, and verification searches only where the job supports them, and apply the same package to every candidate for the same position.
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.
Adverse action notice
If you proceed, send the final notice naming the screening company, stating that it did not make the decision, and explaining the right to a free file copy within 60 days and the right to dispute.
Ban the box in West Virginia: no statute
West Virginia has no ban-the-box law for private or public employers. Fair-chance bills have been introduced in recent legislative sessions, but none has passed. You may ask about convictions on the application, at the interview, or later.
Local fair-chance policies
Charleston and Morgantown removed the conviction question from their own municipal applications. Those policies bind those cities as employers, not private businesses.
What still limits the decision
Title VII and the EEOC enforcement guidance apply to West Virginia employers with 15 or more employees, and the Human Rights Act, enforced by the Human Rights Commission, reaches employers with 12 or more. A blanket exclusion for any conviction invites a disparate-impact charge. Weigh the offense, the time elapsed and the job.
Practical policy
Asking on the application is lawful. Deciding on the application, before you know anything about the offense, is the exposure.
Many West Virginia employers move the question to the interview stage and record an individualized assessment for any decline.
Which West Virginia records you may and may not use
Circuit and magistrate court records are public in every county, but expunged and juvenile records are off limits.
Expunged records
W. Va. Code § 61-11-26, expanded by SB 152 in 2019, lets a person petition to expunge a single misdemeanor one year after conviction or completion of the sentence, multiple misdemeanors after two years, and eligible non-violent felonies after five. 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, except to employers engaged in law enforcement, prosecution or corrections.
Dismissed charges
Charges dismissed or ended in acquittal may be expunged under § 61-11-25. Until then they remain public court records, subject to the FCRA seven-year limit on non-convictions.
Arrests and pending charges
No West Virginia statute bars considering arrests, but an arrest alone does not prove conduct. Act on the underlying facts, and keep reported non-convictions within seven years below $75,000.
Juvenile records
Juvenile court records are confidential under W. Va. Code § 49-5-101 et seq. and are not available for private employment screening.
Magistrate court cases
Misdemeanors are tried in magistrate court and felonies in circuit court. A search that reads only one level misses the other, so order a search that covers both.
State Police fingerprint checks
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.
How far back a West Virginia background check can go
West Virginia has no reporting-limit statute. The federal FCRA sets the outer limits, and your written policy decides how much of that window you use.
Non-convictions
Arrests, dismissed charges and other adverse items that did not end in conviction may not be reported more than seven years after they occurred, for positions paying under $75,000 a year.
Convictions
The FCRA places no age limit on reported convictions. Most employers adopt a seven- or ten-year policy window, which is easier to defend under the EEOC guidance.
Higher-paid positions
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.
Expunged records fall outside every window: once expunged, they may not be reported regardless of age.
Drug testing and medical cannabis in West Virginia
The Safer Workplace Act
W. Va. Code § 21-3E-1 et seq., enacted by HB 2857 in 2017, makes it lawful to test employees and prospective employees for drugs and alcohol as a condition of hiring or continued employment, within the terms of a written policy distributed to every employee subject to testing and available to applicants, for the purposes the Act lists: 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.
Medical cannabis
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 an employer to accommodate use at work, and it lets employers discipline an employee for being under the influence at work when performance falls below the accepted standard. Section 16A-5-10 adds the duties a patient may be barred from: operating vehicles, aircraft, boats or heavy machinery, high-voltage or public-utility work, or 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. Federal-contract and DOT roles keep their federal rules.
Policy language that works
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.
For DOT-regulated roles
CDL drivers follow 49 C.F.R. Part 40 and the FMCSA Drug and Alcohol Clearinghouse; the state cannabis protection does not apply to them.
Credit checks, salary history, social media, E-Verify and AI
Employment credit reports
West Virginia has no statute restricting employer credit checks. Earlier versions of this page described a $10,000-access rule and a $1,000-per-violation fine; no such law exists. The FCRA disclosure, authorization and adverse-action steps apply, and the EEOC discourages credit screens that are not job related.
Salary history
West Virginia has no salary-history ban. 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.
Social media 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, from requiring access in the employer’s presence, and from 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.
Work authorization
W. Va. Code § 21-1B requires every employer to verify and keep proof of each worker’s legal work status, enforced by the Division of Labor, but E-Verify itself is voluntary. Enrollment is free at e-verify.gov; Form I-9 remains mandatory.
AI in hiring
No West Virginia statute regulates automated hiring 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.
West Virginia industry-specific screening requirements
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), administered by the Department of Health Facilities and the Office of the Inspector General.
Child care
Child care center staff and household members must clear fingerprint-based State Police and FBI checks and a child-abuse registry check under W. Va. Code chapter 49 and Bureau for Social Services licensing rules.
Public schools
Applicants for an initial educator license are fingerprinted for State Police and FBI checks under W. Va. Code § 18A-3-10, and 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. with 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. West Virginia DMV records are available through the driving-records service.
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; casino and racetrack employees are licensed by the Lottery Commission under W. Va. Code § 29-22A.
Screening services built for West Virginia employers
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 West Virginia circuit and magistrate court records across all 55 counties, $20 per name plus $15 in access fees, every record reviewed before release Order the West Virginia statewide search.
County criminal court search
Direct research at the county courthouse, $18 plus any court fees, seven-year standard scope. This is the search that confirms a database hit before it reaches a report. County court search details.
Nationwide criminal database
$17 locator search of thousands of court, corrections, and registry sources with three name variations searched at once. Every hit is verified at the source before it is reported. Nationwide database search.
Motor vehicle records
State driving records for any position that drives on company business, with CDL and DOT-regulated roles supported. Motor vehicle records.
SSN trace and address history
Included at no extra cost in every search package: 10-plus years of reported address history to point criminal searches at the right counties. SSN trace.
Verifications
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility, all ordered from the same account.
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Optional Multiple Authentication Factor (MAF) protection is available on every user account.
West Virginia employer compliance checklist
Twelve steps that keep a West Virginia screening program inside the FCRA, the Safer Workplace Act and the Human Rights Act.
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Define the screening scope for each position class and apply it to every candidate in that class.
- Never act on expunged records; applicants need not disclose them.
- Order a search that covers both circuit and magistrate courts.
- Keep non-convictions within seven years below $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.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse-action notice.
- 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.
- Do not ask for social-media usernames or passwords.
- Limit credit reports to positions with financial responsibility and document the reason.
- Verify work authorization for every hire and keep the proof; consider voluntary E-Verify.
West Virginia background check laws: employer FAQs
Each answer names the statute, what it requires, and the agency that administers it.
Are employment credit checks restricted in West Virginia?
No. West Virginia has no statute limiting employer credit checks; the rules sometimes described, limiting checks to positions with $10,000 access or signatory authority and fining violations $1,000, do not exist. The federal Fair Credit Reporting Act applies: stand-alone disclosure, written authorization, a pre-adverse action notice with a copy of the report and the Summary of Your Rights, and a final adverse-action notice, enforced by the Consumer Financial Protection Bureau and Federal Trade Commission.
Does West Virginia have a ban-the-box law?
No. West Virginia has no ban-the-box statute for private or public employers; fair-chance bills have been introduced but not passed. Charleston and Morgantown apply fair-chance rules to their own hiring. 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 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.
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, except to 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 does the Safer Workplace Act allow?
W. Va. Code § 21-3E-1 et seq. makes it lawful to test employees and prospective employees as a condition of hiring or continued employment, within a written policy distributed to employees and available to applicants, for the purposes the Act lists, using a SAMHSA-certified, CLIA-approved or CAP-accredited laboratory with chromatographic confirmation. Under § 21-3E-11 no cause of action lies against an employer that tests in accordance with the Act. The Act is applied by the courts rather than an agency.
Can a West Virginia employer refuse to hire a medical cannabis patient?
Not for cardholder status alone. W. Va. Code § 16A-15-4 bars discharging, refusing to hire or otherwise discriminating against an employee solely for status as a certified medical cannabis patient, administered by the Office of Medical Cannabis. Employers may still discipline for being under the influence at work, and § 16A-5-10 lets them bar patients from operating vehicles or heavy machinery, high-voltage and permit-required chemical work above three nanograms of active THC per milliliter, work at heights or in confined spaces, any task the employer deems life-threatening, and any duty posing a public health or safety risk. DOT-regulated and federal-contract positions keep their federal rules.
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 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.
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This page is general information for employers, not legal advice. BCS Background Screening LLC is a consumer reporting agency, not a law firm. West Virginia statutes, local ordinances, and agency guidance change; confirm current requirements with employment counsel before adopting or changing a screening policy. Rules described as current were reviewed in September 2026.