Sealing your record makes it private. It would not show up during checks on your background.

This can be a problem if you are applying for certain types of jobs that require a “protective services” background check through the DHHR. The DHHR is where child abuse and neglect claims will be listed. Jobs that may use the DHHR for a background check include daycare centers or nursing homes.

CPS cases on your record may also cause problems if you are seeking to become a certified foster parent with DHHR.  However, most of the information in this article only applies to people seeking to seal their CPS records for employment reasons.

Having your record sealed will mean that your protective services background will not show the CPS case(s). This may mean you can apply for jobs at daycares, facilities caring for children, or facilities caring for the elderly.

If your CPS case was after July 1, 2021, you would have gotten a letter by certified mail. It would have had return receipt requested. It would have been sent to your last known address.

If you had a case before that date, but do not know the details, you will need to request your record from CPS.

• The name of the child you allegedly abused or neglected, the place where it happened, and the day or days that it occurred on.
• It should tell you that you can file a grievance to protest the substantiation of abuse or neglect with the board of review of the department. There will be instructions on how to do that, including the time limits.
• It should tell you about your right to appeal the decision to the court and any time limits. This means it will tell you that if you lose in court, you will have the ability to challenge it, or appeal it, to a higher court to possibly get a different result.
• A description of any registry where your name will be included because of the allegation and a statement telling you that this may stop you from holding jobs or from providing foster care in the future. This means that it will tell you where in your record this will be visible.

There is a form to complete.

You should send your requests to the local county DHHR office where your CPS case was investigated.  You can get all records that apply to you or the child unless your parental rights were terminated or taken away.

If the case involves the Institutional Investigation Unit (IIU), you should request those records through the IIU supervisor or contact person.

You have the right to request a copy of your file for free. You will not have to pay for copies of the records.

Unsubstantiated means that CPS investigated the claim of child abuse or neglect, but they did not have enough evidence to prove that it really happened. These claims should not appear on your “protective services” background check.

Substantiated means that CPS found that the allegation of child abuse or neglect had evidence to support it. Depending on what happened with the case, these allegations may appear on your “protective services” background check.

This means there was an allegation, and CPS found that there was evidence to support it, but DHHR didn’t take it to court.

There are two options for sealing the substantiated allegation in this situation:

• Request an Administrative Hearing: You can request a hearing before the DHHR Board of Review within 60 days of notice about the substantiated allegation. You must provide evidence through this process and potentially go to a hearing. This process applies no matter the reason you seek the protective services record check.
• Automatic Sealing if record check is for employment purposes: If the reason for your protective services record check is related to you seeking employment, the record of the substantiated allegation will be automatically sealed, without you filing any paperwork, one year after the finding, as long as there is not another allegation of child abuse and neglect substantiated against you during that one-year period.

In this case, it would be considered an unsubstantiated allegation and should not show up on your protective services record if the record request is related to you seeking a job. Basically, you would not need to take any action to seal it.

If the court finds that child abuse and/or neglect has occurred, you must wait five years from the court finding (called the “adjudication”) of abuse and neglect to request to seal your record. You cannot receive another substantiated allegation during those five years to qualify for the sealing of your record.

You should file a Petition with the circuit court in the county where your CPS case went to court. Unfortunately, there is no form to fill out. You would have to create a Petition to file.

You should be clear that you qualify.  You must show that it has been at least five years since the substantiated finding and that you have not had another substantiated allegation in the meantime.  Also, the Courts look at any relevant factors like any incidents occurring since the substantiated claim, any rehabilitation programs you attended, and attempts at reunification with the children.

You can apply for help. If you qualify, our attorneys may be able to help you. Our attorneys can give you legal advice, help with writing a Petition, or represent you in court.

The Office of the Commissioner of the Bureau for Social Services.

Approximately 60 days.

You still have to tell the Office of the Commissioner of the Bureau of Social Services. It will not be filed automatically after it is approved. A copy of it must be sent to that Office at

Jeffrey M. Pack, Commissioner
Bureau for Social Services
350 Capitol Street, Room 730
Charleston, WV 25301

Phone: (304) 558-0628 (For calls to the Commissioner’s Office)
Fax: (304) 558-4194