All resourcesState guide · WV
West Virginia background check laws
A practitioner-grade reference to West Virginia pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to WV.
The four levers at a glance
| Lookback period | 7 years (FCRA default) |
| Ban-the-Box scope | Public sector |
| Salary history | No restriction |
| Cannabis testing | Medical only |
Lookback period
West Virginia applies FCRA. Expunged records under W. Va. Code §61-11-26 must be suppressed.
Ban-the-Box and Fair Chance rules
State-agency hiring has removed the conviction question; no statewide private rule.
Salary history
No statewide salary-history ban.
Cannabis & drug testing
W. Va. Medical Cannabis Act authorizes medical use; employers may continue to enforce drug-free workplace policies.
Governing statutes & references
- W. Va. Code §61-11-26
- W. Va. Medical Cannabis Act
SafestHires compliance note
Standard drug-testing policies apply.