West Virginia law
Criminal Defense Laws in West Virginia.
West Virginia classifies criminal offenses as felonies and misdemeanors. Felonies carry sentences of one year or more in the state penitentiary, while misdemeanors carry up to one year. There is no statute of limitations for felonies in West Virginia (except perjury), making it one of a handful of states with this rule. The state has expanded expungement eligibility to include certain nonviolent felonies.
Last verified: 2026-02-25
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State law
Statute of Limitations
There is no statute of limitations for felonies in West Virginia, except perjury (3 years). Misdemeanor charges must be brought within 1 year after the offense was committed.
Exceptions
Perjury is the only felony with a statute of limitations in West Virginia, set at 3 years from the date of the offense.
State law
Key West Virginia Statutes
Persons convicted of misdemeanor offenses may petition for expungement after 1 year from the date of conviction, completion of sentence, or release from supervision, whichever is latest. DUI convictions are excluded.
Persons convicted of nonviolent felony offenses may petition for expungement after 5 years from the date of last conviction, completion of sentence, or release from supervision, whichever is latest.
Driving with a BAC of 0.08% or higher is illegal. First offense (BAC 0.08-0.149%): up to 6 months jail and $100-$500 fine. Aggravated first offense (BAC 0.15%+): mandatory 48 hours minimum jail time and $200-$1,000 fine. First offense results in 6-month license revocation.
Felonies are crimes punishable by imprisonment in the state penitentiary for one year or more. Misdemeanors are punishable by up to one year in jail and/or fines.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.
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