West Virginia Misdemeanors

In West Virginia, misdemeanors are less severe crimes than felonies, which have a maximum jail sentence of up to one year. Individuals convicted of these offenses serve their time in county or regional jails. Additional penalties may include community service, fines, alternative sentencing programs, or home incarceration.

What Is a Misdemeanor in West Virginia?

An offense is considered a misdemeanor in West Virginia if the maximum punishment is incarceration in a county or regional jail instead of a state prison. Some of the most commonly recognized misdemeanor offenses in West Virginia include minor assault, first-offense DUI, petty theft, trespassing, and public intoxication. The court may also impose administrative sanctions to accompany criminal penalties for DUI cases.

Misdemeanor Classes and Penalties in West Virginia

Unlike in many states, misdemeanors are not grouped into classes in West Virginia. The sentencing parameters and penalties for each offense are stated in its specific statute in the West Virginia Code. Nevertheless, the court has the authority to determine the correct sentence for an offense when the governing statute does not specify the applicable fine or term of imprisonment.

Furthermore, Driving Under the Influence (DUI) offenses are also governed by statutes that prescribe the mandatory minimum penalties for each offense. An individual convicted of DUI multiple times may face harsher penalties, including a felony sentence.

In a nutshell, the outcome of misdemeanors in West Virginia depends on several factors, such as the specific law creating the offense, the facts and circumstances of the case, and the offender, as well as the discretion of the sentencing judge.

Misdemeanor Court Process in West Virginia

The West Virginia Magistrate Courts are courts of limited jurisdiction that handle most misdemeanor cases in the state. On the other hand, municipal ordinance violations that qualify as misdemeanors are heard by city and town Municipal Courts. An aggrieved party can file an appeal with the Circuit Court, where the misdemeanor case will be heard as a new trial.

In West Virginia, the court process for misdemeanor cases is as follows:

• Citation or arrest – When a law enforcement officer arrests an individual or issues them a citation, they can be taken into custody or given a notice to appear in court.
• First appearance/arraignment – The defendant is informed of their rights to a jury and counsel by the magistrate during the first appearance. For the case to be heard by a jury, the defendant must file a written request within 20 days.
• Pre-trial – At this stage, the prosecution and the defense can exchange evidence through discovery and file motions to suppress or dismiss certain evidence. In addition, the case can be resolved through a plea bargain if the defendant pleads guilty to a lesser charge.
• Trial – Both the prosecution and the defense present their evidence and question witnesses before a judge or jury. After hearing all the testimony, the court determines whether the defendant is guilty of the offense or not.
• Sentencing – The judge reviews the offense, the defendant's prior records, and any mitigating or aggravating factors before deciding the correct penalty.

Misdemeanor Records in Major West Virginia Cities

West Virginia misdemeanor records are available to the public through a central system. To access records kept by Municipal Courts, individuals must visit specific websites or portals.

• Charleston (Kanawha County) – The Kanawha County Magistrate Court docket handles county-level misdemeanors charged under state law. These records are accessible through the Magistrate Record Search. You may use the city's online payment portal to pay for citations in Charleston.
• Huntington (Cabell County) – Through its website, Cabell County offers pathways to facilitate payment for parking and citations. To locate misdemeanor records heard in the Cabell County Magistrate Court, you can use the statewide Magistrate Record Search.
• Morgantown (Monongalia County) – To pay citations in Morgantown, the Municipal Court directs users to a third-party provider to complete transactions.

How to Search for Misdemeanor Records in West Virginia

Interested parties can find misdemeanor records in West Virginia through two primary statewide portals:

1. Magistrate Record Search – This is a valuable tool provided by the West Virginia Judiciary to increase public access to court information. When searching for misdemeanor records, you will find essential case information such as the parties involved, case number, charge, and disposition details, financial details, and sentence.
2. West Virginia Public Access Search System (WVPASS) – Launched by the Supreme Court of Appeals of West Virginia on March 10, 2025, this online portal offers public access to circuit court records statewide. Misdemeanor records that have been appealed or transferred to the Circuit Court may be available for viewing through this system.

How Long Does a Misdemeanor Stay on Your Record in West Virginia?

Unless you obtain an expungement, a misdemeanor can remain open to the public indefinitely through court and criminal history record systems. The two principal avenues for obtaining an expungement in West Virginia include:

Seeking an expungement following a dismissal or acquittal

Following the favorable conclusion of criminal proceedings, such as dismissal or acquittal, you may petition for the expungement of those records pursuant to § 61-11-25 of the West Virginia Code. This provision also extends to cases involving the successful completion of deferred adjudication or pretrial diversion programs.

Filing a petition for the expungement of certain criminal convictions

Under § 61-11-26 of the West Virginia Code, you may ask the court to expunge certain misdemeanor convictions. This only applies to eligible misdemeanors and does not include offenses such as DUI or crimes involving intentional harm to a minor or a law-enforcement officer.

In the case of a single misdemeanor, you must wait one year after the latest of the conviction date or after completing your jail sentence before filing for expungement. If there are multiple misdemeanors, the waiting period is two years after completing the last case. Once your petition is approved, the court seals the record, and the conviction is treated like it never happened.

It is vital to recognize that the expungement process for convictions under West Virginia Code § 61-11-26a can only be utilized once in a lifetime. The instructions and forms for filing an expungement petition are provided to the public by the West Virginia Judiciary.