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West Virginia Background Check Laws: What Employers Need to Know
West Virginia largely follows federal FCRA standards, with one added protection around personal account privacy. Relevant across the state's energy, chemical, and healthcare industries, here's what applies whether you're hiring in Charleston, Huntington, or Morgantown.
Social Media Password Protections
Employers can't request, require, or coerce an applicant or employee to provide a username or password for their personal accounts.
What This Means for Employers
Outside of the privacy protection above, West Virginia doesn't add requirements beyond the standard FCRA basics: written authorization, clear disclosure, and the adverse action process if a report factors into a hiring decision.
How Criminal Records Are Accessed
West Virginia doesn't offer a public name-based statewide criminal search. The state requires fingerprint submission through a state-approved channel for background checks, which means most name-based criminal screening in West Virginia runs through county-level court records.
Pass-Through Fees for West Virginia Records
| Record Type | Fee |
|---|---|
| Criminal county search | No pass-through fee listed for county-level searches in this state |
| Criminal statewide (WV State Police Criminal Records Section) | No public name check available; West Virginia requires fingerprints through a state-approved channel |
| Motor vehicle record | $12.50 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from West Virginia Employers
Does West Virginia have a Ban-the-Box law?
No statewide law for private employers. West Virginia's main added requirement is the social media privacy protection.
How do I run a statewide criminal check in West Virginia?
There's no public name-based statewide search. Checks require fingerprint submission through a state-approved channel, or run through county court records.
Can I ask a West Virginia candidate for their social media password?
No. Employers can't request, require, or coerce disclosure of personal account credentials.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
