West-Virginia-Employment-Licensing

West Virginia has no laws restricting consideration of criminal record in employment, including limits on application-stage employer inquiries.  Employers and licensing agencies may not access expunged convictions unless they are required by law to perform a background check.  Licensing agencies may not disqualify an applicant because of a conviction unless it has a “rational nexus” to the desired occupation, determined by specified standards including seriousness of crime, passage of time, and evidence of rehabilitation.  An applicant may apply for a license after five crime-free years (with violent and sexual crimes subject to a longer period). Agencies are not required to give reasons for denial, but they are authorized to give potential candidates a preliminary determination respecting likely disqualification.