The SOLAR Project - Sex Offender Legal Advocacy & Reform
📍 STATE GUIDE

West Virginia — Registry Rules

Official-source summary for West Virginia.

10/17/2025

Key Highlights

  • Residency Restrictions: West Virginia imposes no statewide residence-distance restrictions under Article 12; check any local rules, while community notice is governed by WV Code §15-12-5.
  • Presence / Proximity Rules: The statute creates no statewide proximity-based presence/exclusion zones (schools, parks, etc.), and registration duties arise without location bans under WV Code §15-12-2 and the WVSP Registry Portal.
  • Duration of Registration: Registration lasts 10 years for eligible offenses and for life when statutory criteria apply (e.g., offense involving a minor, prior qualifying conviction, or SVP), per WV Code §15-12-4.
  • Tiering / Level System: WV does not use SORNA tiers; classification is Sexually Violent Predator (court finding) versus other registrants with reporting cadence (quarterly vs annual) under WV Code §15-12-2a and §15-12-10.

At a Glance

  • People convicted of listed “qualifying offenses,” certain sexually motivated crimes, and out-of-state registrants who live, work, study, or visit more than 15 continuous days; see §15-12-2 and §15-12-9.
  • Initial deadline: Register upon conviction if not confined; otherwise within 3 business days of release, transfer, or status change; see §15-12-2(e).
  • Verification: Report in the month of birth each year (lifetime/10-year registrants); sexually violent predators report Jan/Apr/Jul/Oct; addresses verified annually or every 90 days for SVPs; see §15-12-10.
  • Primary method: In person at the West Virginia State Police (WVSP) detachment for your county; see §15-12-2(d).
  • ⚠️ Changes (address, job/school, vehicles, internet identifiers) must be reported within 10 business days; see §15-12-3 and §15-12-2(d)(8).
  • ⚠️ Moving out of WV requires 10 business days’ advance notice to WVSP; see §15-12-7.
  • ⚠️ Visitors staying >15 continuous days must register; see §15-12-9(b).
  • ⚠️ Failure to comply can be a felony (enhanced for SVPs); see §15-12-8.
  • ⚠️ Annual $125 fee is due each year (nonpayment can become a judgment lien); see §15-12-2(o).

Official Links

What this means in practice

  • WV uses a 10-year vs. lifetime system. Many offenses involving a minor lead to lifetime registration; see §15-12-4.
  • Register in person with WVSP, keep proof, and calendar your birth-month check-in (SVPs quarterly); see §15-12-2 and §15-12-10.

Watch-outs

  • Report changes (home, job/school, usernames/emails, vehicles, phones) within 10 business days or you risk criminal charges; see §15-12-3.
  • Pay the $125 annual fee (Jan–Jun) and file proof with WVSP; see §15-12-2(o).

Verified directly in the West Virginia Code (Article 12 index) and the WVSP public registry portal (WVSP site).

Reviewed 10/17/2025

Who Must Register & Duration

Qualifying convictions and certain court-found sexually motivated crimes trigger duties; includes equivalents from other jurisdictions. Out-of-state persons who reside, work, attend school, visit more than 15 continuous days, or regularly visit owned/leased WV property must register; see §15-12-2 and §15-12-9.

Duration: Registration lasts 10 years for eligible offenses and for life when statutory criteria apply (e.g., offense involving a minor, prior qualifying conviction, or SVP), per WV Code §15-12-4.

What this means in practice

  • If your offense is listed or a court finds it was sexually motivated, you must register; out-of-state equivalents count; see §15-12-2(b),(c).
  • Non-residents who work, study, or visit >15 days must register; see §15-12-9(b).

Watch-outs

  • Juvenile delinquency adjudications don’t trigger registration under current law; see State v. J.E..

See statutory triggers in §15-12-2 and out-of-state coverage in §15-12-9.

Deadlines & Reporting Triggers

  • Initial: upon conviction (if not confined) or within 3 business days of release/transfer/status change; see §15-12-2(e).
  • Verification: report in birth month (SVPs in Jan/Apr/Jul/Oct); WVSP verifies addresses annually or every 90 days for SVPs; see §15-12-10.
  • Changes (address, job/school, vehicles, phones, internet accounts/usernames): within 10 business days; see §15-12-3 and §15-12-2(d).
  • Moving out of WV: notify WVSP at least 10 business days before the move; see §15-12-7.
  • International travel: 21 days’ advance notice expected under federal SORNA; see DOJ SMART guidance (SMART Office).

What this means in practice

  • Initial: upon conviction if free, or within 3 business days after release if confined; see §15-12-2(e).
  • Verification: birth month each year; SVPs in Jan/Apr/Jul/Oct; WVSP verifies addresses annually or 90 days for SVPs; see §15-12-10.
  • Move out: give WVSP 10 business days’ notice; see §15-12-7.
  • International travel: expect 21 days’ notice under federal SORNA; see SMART guidance.

Watch-outs

  • Every separate item you fail to update can be a separate offense; see §15-12-8(a).

Deadlines compiled from §15-12-2, §15-12-3, §15-12-7, and §15-12-10, plus federal travel notice from the SMART Office.

Verification & In-Person Requirements

  • Appear in person at the WVSP detachment for the county of registration; WVSP may take new fingerprints/photos; see §15-12-2(d) and §15-12-10.
  • All registrants report in the month of birth; SVPs report quarterly (Jan/Apr/Jul/Oct); see §15-12-10.

What this means in practice

  • Appear in person at your WVSP detachment with ID; WVSP may take new photos/fingerprints; see §15-12-2(d) and §15-12-10.

Watch-outs

  • Missing your birth-month (or quarterly if SVP) can lead to charges; see §15-12-8.

Method and cadence are in §15-12-10; in-person details in §15-12-2.

Residency, Presence, & Loitering Restrictions

No statewide residence-distance restrictions in current law. Community notification applies to SVPs and the WVSP posts a list of lifetime registrants at least quarterly; see §15-12-5(b).

What this means in practice

  • There is no statewide residence-distance ban in current WV law.
  • SVP and lifetime info may be released/posted under community notification rules; see §15-12-5(b).

Watch-outs

  • Bills are sometimes proposed to add buffer zones (e.g., 2024 HB 5502); always check for updates; see the bill text on the WV Legislature site.

Community notification and publication rules appear in §15-12-5.

Employment, Education, & Internet Use

  • Provide and update employer(s), occupation, and school/training addresses; see §15-12-2(d)(2).
  • Disclose internet accounts and usernames/aliases used online; see §15-12-2(d)(8).
  • Out-of-state residents who work or study in WV must register; see §15-12-9(b).

What this means in practice

  • Report employer(s), occupation, and school/training and update changes within 10 business days; see §15-12-2(d)(2) and §15-12-3.
  • List internet accounts and usernames/aliases; see §15-12-2(d)(8).

Watch-outs

  • Working or studying in WV while living elsewhere still triggers WV registration; see §15-12-9(b).

See data fields in §15-12-2(d) and out-of-state coverage in §15-12-9.

Public Website Exposure

  • WVSP maintains an Internet site and must make available at least quarterly the list of persons required to register for life; see §15-12-5(b)(2) and §15-12-2(h).
  • SVP community notifications include name, photo, residence, county of employment, and school/training; see §15-12-5(b)(1).
  • Non-lifetime registrants’ detailed information is not FOIA-public and may require a court order for release; see §15-12-5(b)(3).

What this means in practice

  • WVSP posts a list of lifetime registrants at least quarterly; SVPs may receive wider community notices; see §15-12-5(b) and the WVSP site.

Watch-outs

  • Non-lifetime info isn’t generally online and is not subject to FOIA; disclosure is limited or court-ordered; see §15-12-5(b).

Public-facing rules are in §15-12-5 and §15-12-2(h).

Travel & Relocation (Interstate Moves)

  • If moving to another state/country, notify WVSP 10 business days in advance; WVSP notifies the destination jurisdiction; see §15-12-7.
  • Federal SORNA expects 21 days’ notice before international travel; see SMART guidance.

What this means in practice

  • If relocating, notify WVSP 10 business days before leaving WV; WVSP notifies the next jurisdiction; see §15-12-7.
  • International trips generally require 21 days’ advance notice under federal rules; see SMART guidance.

Watch-outs

  • Other states may have shorter arrival deadlines (some within 72 hours); check the destination’s statute.

See WV move-out rule in §15-12-7 and federal travel notice via the SMART Office.

Visiting or Traveling in the State

  • Visitors from other jurisdictions must register in WV if present more than 15 continuous days, or if they work/study in WV, or if they regularly visit owned/leased WV property; see §15-12-9(b).

What this means in practice

  • Visitors must register if present more than 15 continuous days, or if working or studying in WV; see §15-12-9(b).

Watch-outs

  • Shorter trips can still trigger duties elsewhere; verify local rules before travel.

Visitor threshold and triggers appear in §15-12-9(b).

Compliance & Enforcement

Penalties vary by registration class. Ten-year registrants: first violation is a misdemeanor; repeat violations become felonies. Lifetime registrants: violations are felonies with enhanced ranges; SVP violations carry the highest penalties. Each changed item not reported can be a separate offense; see §15-12-8.

What this means in practice

  • Ten-year registrants: first failure is a misdemeanor, repeat offenses are felonies; lifetime registrants: failures are felonies; SVP penalties are higher; see §15-12-8.

Watch-outs

  • Each separate unreported change can be charged separately; see §15-12-8(a).

Penalty scheme detailed in §15-12-8.

Relief Paths

  • Duration ends after 10 years (for eligible offenses) or is for life if statutory criteria apply (including offenses involving a minor); see §15-12-4.
  • Removal if the underlying conviction is overturned; see §15-12-4(b).
  • Petition to remove SVP designation under the statute; see §15-12-3a.

What this means in practice

  • End of duty after 10 years for eligible offenses; lifetime if criteria met (e.g., offense involving a minor, prior qualifying conviction, SVP); see §15-12-4(a).
  • Relief if conviction is overturned; see §15-12-4(b).
  • SVP designation can be petitioned for removal; see §15-12-3a.

Watch-outs

  • West Virginia has no general discretionary removal for compliant registrants.

Durations and relief are in §15-12-4 and SVP petition in §15-12-3a.

Special Populations

  • Juveniles adjudicated delinquent are not required to register under current law (WV Supreme Court decision); see State v. J.E. (2017).
  • SVPs have quarterly reporting and higher penalties; see §15-12-2a and §15-12-10.
  • Out-of-state workers/students/visitors face WV duties per §15-12-9.

What this means in practice

  • Juveniles adjudicated delinquent do not register under current law (court decision); see State v. J.E..
  • SVPs report quarterly and face heightened penalties; see §15-12-10 and §15-12-8.

Watch-outs

  • Legislative proposals can target youth and add buffer zones; monitor bills (e.g., HB 5502 (2024)).

Juvenile rule confirmed by the WV Supreme Court in 2017.

Costs & Payments

  • Annual $125 fee, payable to the circuit clerk where you reside; provide proof to WVSP within 10 days; nonpayment may be recorded as a judgment lien after notice; see §15-12-2(o).
  • Travel, ID, and document costs (e.g., photos, copies) are personal expenses; see verification authority in §15-12-10.

Recent Changes & Litigation

  • Case: State v. J.E. (consolidated juvenile registration questions) — Supreme Court of Appeals of West Virginia (2017-02-14) — Juvenile delinquency adjudications are not “convictions” for registration; juveniles adjudicated delinquent are not required to register under §15-12 absent legislative change. link
  • Statute: HB 5502 (2024 Regular Session, introduced) — 2024; effective N/A (introduced; not enacted as of Oct. 17, 2025). Proposed amendments to verification timing and would add residence-distance restrictions near schools/daycares and codify 21-day international travel notice; track for future changes. link

Compliance Checklists & Scripts

New Arrival: First 30 Days

  • Go in person to the WVSP detachment for your county within the required time; bring ID and court paperwork; see §15-12-2(d),(e).
  • Prepare info: residence(s), owned/leased property you regularly visit, employer(s), school/training, vehicles, internet accounts/usernames, phones; see §15-12-2(d).
  • Calendar your birth-month verification (or Jan/Apr/Jul/Oct if SVP); see §15-12-10.
  • Note the annual $125 fee window (Jan 1–Jun 30) and how to file proof with WVSP; see §15-12-2(o).

Moving Out / Traveling

  • File 10 business days’ written notice with WVSP before moving out of WV; keep proof; see §15-12-7.
  • Ask the destination state about its arrival deadline and documents; see WVSP contact on the registry site.
  • If traveling abroad, give 21 days’ notice per federal SORNA; see SMART Office.

Records Request Template

To: West Virginia State Police, Sex Offender Registry, 725 Jefferson Rd., South Charleston, WV 25309; email: registry@wvsp.gov; phone: (304) 746-2133.\n\nSubject: Request for my registry file\n\nI request copies of records you maintain about my registration under the Sex Offender Registration Act §15-12-1 et seq., including any notices, verification records, photographs, fingerprints, and correspondence. I am requesting my own records for personal use. I understand information disclosure is governed by §15-12-5. Please let me know if identity verification is required and any copying fees.

Relief Petition Outline

1) Caption and case history; 2) Identify relief sought (e.g., removal after conviction overturned under §15-12-4(b) or removal of SVP designation under §15-12-3a); 3) Facts and exhibits (judgment, appellate mandate, treatment records if SVP); 4) Legal grounds with citations to Article 12 and case law; 5) Proposed order; 6) Service on WVSP/Prosecutor as appropriate.

Tips for using these checklists

  • Use the new arrival and moving out steps above to avoid missed deadlines, and use the records request and relief outline to gather proof and plan filings; key rules live in Article 12 and the WVSP registry portal.

Steps align to statutory duties in §15-12-2, §15-12-3, §15-12-7, and §15-12-10.

Citations

🤝 This guide was created from official legal sources and checked with the help of AI-assisted research. We strive for accuracy and clarity — if you spot something that seems off or out of date, please let us know so we can correct it for everyone.

Informational only; not legal advice.