NCS makes navigating West Virginia background checks easier! Whether you work in coal mining, manufacturing, agriculture, construction, natural gas or a different industry, background checks are a critical part of the hiring process.
In West Virginia, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers are prohibited from asking about or considering arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.
In West Virginia, individuals who have misdemeanor convictions or convictions for nonviolent felonies on their records are allowed to petition the court for expungement. Those with one misdemeanor conviction can ask for an expungement one year after completing the sentence. Anyone with two or more misdemeanor convictions, must wait for two years after completing their last sentence. Nonviolent felonies have a five-year waiting period following the completion of the sentences. Expungement removes the record of the conviction from the public’s access, and employers cannot ask about or rely on expunged criminal convictions when making hiring decisions.
With a few easy steps, your employees can schedule their drug screen at a collection site they choose at a time that is convenient for them. DOT testing and random testing are also available.
In West Virginia, employers may not discharge, refuse to hire, threaten or discriminate against applicants or employees solely on the basis that they are a registered medical marijuana user. However, employers can prohibit employees from using medical marijuana at work.
West Virginia does not have a statewide ban-the-box law that prohibits asking candidates about convictions or criminal history.
Enjoy an expedited, compliant and informed hiring process with National Crime Search's comprehensive Criminal Background Checks.
Contact us today to learn how our services can seamlessly integrate with your HR needs, and help you hire with confidence and peace of mind about the regulations that apply to your organization.