West Virginia · Updated July 2026 · Verified by InmateAid

Getting a Job After Prison in West Virginia

How to compete for jobs in West Virginia with a criminal record: EEOC protections, West Virginia expungement options, WorkForce WV centers, and every resource.

There is one question that determines whether you get hired. Not the application. Not the background check. Not what the charge was or how long you were inside.

The question is this: why you, over the thirty other people I could hire who don't have a criminal record?

If you walk in without a ready answer, you will not get the job. The interviewer can see the pause the moment you don't have something prepared, and once they see it, the room shifts against you. What you need is an answer practiced enough to say with confidence and humility at the same time.

The answer that works is this:

Everybody deserves a second chance. Somebody is going to give me one. And they are going to get the best employee they ever had, because I am never, ever going to do something that sends me back to prison.

Say it clean. Say it without flinching. It makes no excuses, asks for no sympathy, and tells the employer the one thing they actually need to know: you have more reason to perform than anyone else in that stack.

Then live it. The light is on you from the first day. Use it. Work twice as hard as the person next to you. Show up earlier, stay later, and make that scrutiny your shining light, not a shadow. The person standing next to you does not have anyone watching them that closely. You do. That is the advantage if you decide to use it.

What the Law in West Virginia Says About Your Record

West Virginia has no statewide law restricting when employers -- public or private -- can ask about criminal history on job applications. West Virginia is listed among states with no statewide fair chance hiring law of any kind. Private employers can ask about criminal history at any point in the hiring process with no state-level timing restriction.

Federal FCRA protections apply statewide. Non-conviction records older than seven years cannot appear on consumer reporting agency background checks for most positions. EEOC guidance advises all employers to assess criminal records in relation to the specific job rather than applying blanket exclusions.

West Virginia's expungement law (W.Va. Code §61-11-26 and related provisions) allows expungement of qualifying criminal records. Non-conviction records (dismissed charges, acquittals, no-charge arrests) are eligible for expungement. Certain first-offense misdemeanor convictions are eligible for expungement after waiting periods. First-offense non-violent felony convictions may be eligible for expungement after longer waiting periods. Violent offenses and sex offenses are generally not eligible. Once expunged, records are removed from public access and the person may deny the arrest or conviction in most employment contexts.

Building the Answer Before You Need It

In West Virginia, your answer in the interview is the only protection you have with private employers. The law offers no timing restriction before that moment. So you have to walk in ready.

West Virginia Division of Corrections and Rehabilitation provides educational and vocational programs inside state facilities, including GED preparation, vocational training, and work release programs. Work release allows qualifying individuals to hold outside employment before release, building a work history and savings.

WorkForce WV career centers (American Job Centers) statewide provide job search assistance, career counseling, training referrals, WOTC coordination, and Federal Bonding access.

West Virginia's economy runs on energy (coal, natural gas, and growing solar and wind), healthcare, manufacturing, education, and government. Charleston, Huntington, Morgantown, Parkersburg, and Beckley are primary labor markets. West Virginia's energy transition is creating new demand for skilled workers in solar installation, wind operations, and clean energy manufacturing. Whatever you are applying for, make the answer specific to what that employer needs.

Practice it out loud. Until the hesitation is completely gone. The pause is what loses the room. Eliminate it before you sit down.

Companies in West Virginia That Hire People with Criminal Records

West Virginia's economy creates demand in energy, healthcare, manufacturing, construction, and government services.

Toyota's manufacturing plant in Buffalo (Putnam County) is one of the state's largest employers, hiring in production and quality roles. Amazon, Walmart, Home Depot, and major food service operators have West Virginia operations and national fair chance commitments. Healthcare systems including CAMC Health System, WVU Medicine, and Thomas Health hire in support and entry-level roles. Energy sector employers across the coalfields and natural gas operations hire in production, equipment operation, and support. Construction contractors statewide face persistent labor shortages. Government and state agency employers are significant in Charleston and Morgantown.

WorkForce WV centers provide employer connections and WOTC documentation statewide.

Staffing agencies across Charleston, Huntington, and Morgantown are the most accessible first step.

For the full national list of companies with public fair chance commitments, see the InmateAid Fair Chance Employer Reference List.

The Tax Credit Employers Get for Hiring You

There is a federal program called the Work Opportunity Tax Credit, or WOTC. When an employer hires someone from a qualifying group, including individuals recently released from prison, the employer may receive a significant federal tax credit per qualifying hire. That is not charity. It is a business incentive the federal government created specifically to make hiring returning citizens financially advantageous.

You are not asking anyone to take a risk on you. You are telling them your hire comes with a tax benefit attached that none of the other thirty applicants can offer. Say it at the end of the interview, after you have made your case: I qualify for the Work Opportunity Tax Credit. Hiring me may put money back in your business. And I will give you the best work you have ever gotten from a new hire, because I have too much to lose to give you anything less.

WorkForce WV coordinates WOTC certification and Federal Bonding access for employers statewide.

Where to Get Help in West Virginia

WorkForce WV career centers statewide provide job search assistance, career counseling, training referrals, WOTC coordination, and Federal Bonding access. Find your nearest center at workforcewv.org.

West Virginia Division of Corrections and Rehabilitation provides educational programs, vocational training, and work release coordination. Contact through dcr.wv.gov.

Mountain State Justice (mountainstatejustice.org) provides free civil legal services for low-income West Virginians, including expungement guidance.

West Virginia Free Legal Answers (wv.freelegalanswers.org) provides online legal guidance for eligible individuals.

Covenant House West Virginia and other community organizations provide transitional support and employment connections for returning citizens in the Charleston area.

The Federal Bonding Program, coordinated through WorkForce WV, provides free fidelity bonding to employers who hire returning citizens.

Frequently asked questions

Can employers in West Virginia ask about my criminal record?

West Virginia has no statewide law restricting when employers can ask about criminal history. Private employers can ask on the initial application with no state timing restriction. EEOC guidance applies to all employers statewide and advises against blanket exclusions. Federal FCRA protections apply to all third-party background checks, including the 7-year limit on non-conviction records for most positions. Expunged records cannot be used against applicants in most employment contexts.

Does West Virginia have ban the box for private employers?

No. West Virginia is among the states with no statewide fair chance hiring law of any kind. Private employers have no state restriction on timing. Your answer in the interview and a successful expungement (for qualifying offenses) are the most impactful tools available. WorkForce WV career centers can connect you with employers who specifically seek second-chance workers.

What jobs can I not get with a felony in West Virginia?

Healthcare with direct patient care, childcare, education, law enforcement, and financial services have statutory screening requirements. Research the specific licensing requirement before investing in training. For most private sector energy, healthcare support, manufacturing, and construction employment, the decision rests with the individual employer. WV expungement can remove barriers for qualifying first-offense non-violent felonies after waiting periods.

How do I explain my record in a job interview?

Do not pause. Come in with the answer ready: everybody deserves a second chance, somebody is going to give me one, and they are going to get the best employee they ever had because you are never going back. Private employers in WV have no timing restriction, so your answer may be needed at any point. Connect your DCR vocational training, work release employment, or any credentials inside to what this employer needs. Then close by mentioning that your hire qualifies for the Work Opportunity Tax Credit. End strong.

What is the Work Opportunity Tax Credit?

The WOTC is a federal tax credit for employers hiring from qualifying groups including people recently released from prison. WorkForce WV coordinates certification statewide. Mention it at the end of every interview.

Do employers get a tax credit for hiring ex-felons?

Yes. Bring this up at the end of your interview. Your hire comes with a tax benefit none of the other applicants can offer. Ask your WorkForce WV counselor for WOTC documentation.

What West Virginia programs help people with records find work?

WorkForce WV career centers statewide provide job search help, training referrals, WOTC, and Federal Bonding. WV Division of Corrections provides vocational training and work release programs. Mountain State Justice (mountainstatejustice.org) provides free expungement guidance. WV Free Legal Answers (wv.freelegalanswers.org) provides online legal guidance.

Can I get my record expunged in West Virginia?

Under W.Va. Code §61-11-26 and related provisions, non-conviction records (dismissed charges, acquittals, arrests without charges) are eligible for expungement. Certain first-offense misdemeanor convictions are eligible after waiting periods. Some first-offense non-violent felony convictions may be eligible after longer waiting periods. Violent offenses and sex offenses are generally not eligible. Once expunged, records are removed from public access and you may deny the arrest or conviction in most employment contexts. Mountain State Justice (mountainstatejustice.org) provides free guidance.

What companies in West Virginia hire people with felonies?

Toyota (Buffalo/Putnam County) hires in manufacturing. Amazon, Walmart, Home Depot have WV operations and fair chance commitments. CAMC Health System, WVU Medicine, and Thomas Health hire in healthcare support. Energy sector employers in coalfields and natural gas hire in operations. Construction contractors face persistent labor shortages. WorkForce WV provides employer connections. Staffing agencies in Charleston and Huntington are the most accessible first step. For the full national list, see the InmateAid Fair Chance Employer Reference List.

How do I get hired if I have a long gap in my work history?

Name what you did inside: DCR vocational training, work release employment history, GED completion, and program completions are all content. Work release is particularly valuable -- real employment with a real employer goes on the resume. Non-conviction records older than 7 years do not appear on background checks. Check expungement eligibility for your specific case. WorkForce WV career centers provide post-release employment placement. Staffing agencies in Charleston and Huntington are the fastest path back. Build ninety days of solid performance anywhere and that recent record becomes what employers see instead of the gap. ---

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