Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →West Virginia: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
West Virginia does not have a ban the box law for public or private employers. Employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
West Virginia has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
West Virginia has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
West Virginia allows expungement of certain misdemeanor convictions after 1 to 2 years and certain non-violent felony convictions after completion of the sentence and a waiting period, though every case requires a court petition, unlike states with automatic sealing. Violent felonies, sex offenses, and offenses against minors are not eligible. Once expunged, an applicant may lawfully deny the record exists, and an employer may not rely on it in a hiring decision.
Salary History Ban
West Virginia does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
West Virginia does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
West Virginia has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
West Virginia has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
West Virginia has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
West Virginia's Medical Cannabis Act prohibits an employer from discharging, refusing to hire, or otherwise discriminating against an applicant or employee solely because of their status as a registered medical cannabis patient. Employers may still prohibit marijuana use or possession on the premises, discipline an employee for impairment on the job, and restrict cardholders from tasks at heights, in confined spaces including mining, or any task the employer considers life threatening. Recreational marijuana remains illegal.
Pre-Adverse Action Notice & Waiting Period
West Virginia has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
West Virginia has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
West Virginia has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare & Long-Term Care Screening
West Virginia requires a state and federal fingerprint based criminal history background check, along with a sex offender registry check and protective services record check, for owners, staff, volunteers, and adult household members at licensed childcare facilities and long term care providers, administered through the WV CARES program.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
No known local ordinances affecting private sector background checks or hiring practices have been identified in West Virginia at this time.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
West Virginia gives employers wide latitude, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. Do not ask about or consider expunged criminal records. Run the required WV CARES fingerprint background check before hiring for any childcare or long term care role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Do not deny employment or take adverse action against an applicant or employee solely because they are a registered medical cannabis patient; workplace use, on duty impairment, and safety sensitive restrictions remain enforceable.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the West Virginia Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. West Virginia law.