Background Check Error Lawsuits in West Virginia

West Virginia has little employment or tenant screening law beyond the federal Fair Credit Reporting Act. There is no state mini-FCRA for background checks. No state statute limits how far back a screening report can go beyond the federal rules. There is no statewide ban-the-box law for public or private employers, and no tenant screening statute. For most workers and renters, the FCRA is the main protection. Screening companies must use reasonable procedures for accuracy. Employers must get written consent and send a copy of the report before adverse action. Applicants can dispute errors.

West Virginia's expungement laws are where state law matters most. Under W. Va. Code 61-11-25, a person whose charges were dismissed or who was found not guilty may petition to expunge the record 60 days after the order, with no filing fee. Under W. Va. Code 61-11-26, a person convicted of misdemeanors or certain nonviolent felonies may petition after a waiting period. That is one year for a single misdemeanor, two years for multiple misdemeanors and five years for a nonviolent felony. Violent, weapons, DUI and some other offenses are excluded.

Once a record is expunged, the proceedings are treated as if they never occurred. The person generally need not disclose them on employment, credit or other applications. A background check company that keeps selling an expunged case, or reports a dismissed charge as a conviction, may be reporting inaccurately under the FCRA. Those claims can be filed in the Northern or Southern District of West Virginia.

Where West Virginia FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from West Virginia are heard in 2 federal districts:

Northern District of West VirginiaCourthouses: Clarksburg, Elkins, Martinsburg, Wheeling.Filed with local or cooperating counsel
Southern District of West VirginiaCourthouses: Beckley, Bluefield, Charleston, Huntington.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

West Virginia laws that add to the FCRA

Expungement After Dismissal or Acquittal (W. Va. Code 61-11-25)
Lets a person whose charges were dismissed or who was acquitted petition to expunge the record 60 days after the order, with no filing fees. The person then need not disclose the matter on employment or credit applications. Read it
Expungement of Certain Convictions (W. Va. Code 61-11-26)
Lets a person petition to expunge misdemeanor or certain nonviolent felony convictions after waiting periods of one to five years. Violent, weapons, DUI and other listed offenses are excluded. After expungement, the person generally need not disclose the conviction on employment or credit applications. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

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

West Virginia does not have a statewide ban-the-box law for public or private employers. Employers that use a background check company still must follow the federal FCRA, including written consent and pre-adverse action notice.

Do I have to disclose an expunged West Virginia record to an employer?

Generally no. Under W. Va. Code 61-11-25 and 61-11-26, an expunged matter is treated as if it never occurred, and you generally need not disclose it on employment or credit applications. Applicants for law enforcement and corrections jobs must still disclose convictions.

Are there West Virginia rules for tenant screening reports?

West Virginia does not have a separate tenant screening statute. Tenant screening companies are consumer reporting agencies under the federal FCRA. If a landlord denies you because of a report, it must tell you and name the company, and you can get a free copy and dispute errors.

How long do I have to file an FCRA lawsuit in West Virginia?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.