WV CARES disqualifying offenses are the convictions and substantiated findings that bar a person from working in direct-access positions with patients, residents, and other vulnerable people served by covered West Virginia healthcare and social service providers. The list is set by state regulation, it covers state, federal, and out-of-state convictions, and it treats guilty pleas, no-contest pleas, and diversion outcomes the same as a trial verdict. If your record includes one of the listed offenses, the WV CARES director notifies your employer that you are ineligible, and the employer cannot keep you in the role.
What Counts as a Conviction
The regulatory definition is broad. A conviction includes a finding of guilt by a court, a guilty plea, a plea of nolo contendere, and entry into a first-offender, deferred-adjudication, or similar diversion program where formal judgment was withheld. A pending appeal does not change your status. Convictions from any state or from federal court count, so long as they are recognized by the West Virginia State Police. The disqualification also reaches convictions for attempt, solicitation, conspiracy, or aiding and abetting the underlying crime.1Cornell Law Institute. W. Va. Code R. § 71-11-22Cornell Law Institute. W. Va. Code R. § 69-10-2
The 14 Disqualifying Categories
W. Va. Code R. § 71-11-2 lists the offense categories that trigger ineligibility for direct-access work:1Cornell Law Institute. W. Va. Code R. § 71-11-2
- Crimes related to state or federal health and social services programs, including Medicare and Medicaid.li>
- Criminal offenses involving abuse or neglect of a patient.
- Fraud committed in connection with the delivery of health care items or services.
- Felony drug crimes involving controlled substances.
- Crimes against care-dependent or vulnerable individuals.
- Felony crimes against the person.
- Felony crimes against property.
- Any sexual offense, whether felony or misdemeanor.
- Felony crimes against chastity, morality, and decency.
- Felony crimes against public justice, such as perjury or obstruction.
- Felony traffic offenses, including felony DUI.
- Felony crimes against the peace.
- Human trafficking.
- Felony money laundering.
Extra Offenses That Disqualify Childcare Workers
If the position involves responsibility for the care of children, the list stretches further. On top of the 14 categories above, childcare personnel are also disqualified by misdemeanor drug crimes, misdemeanor crimes against the person, misdemeanor crimes against chastity, morality, and decency, and serious traffic offenses. Offenses that would not knock out an applicant for adult direct-access work can still bar the same person from working with children.1Cornell Law Institute. W. Va. Code R. § 71-11-2
Offenses That Cannot Be Waived
Some programs designate certain offenses as permanently disqualifying, with no variance available. Under the Socially Necessary Services waiver protocol, that list includes murder, kidnapping, abduction, any violent felony (including rape, sexual assault, and malicious wounding), child or adult abuse and neglect, domestic battery or assault at any level including misdemeanor, felony arson, hate crimes, pornography crimes involving children or incapacitated adults, and sexual offenses including incest and sexual abuse. Applicants on parole or probation for any felony are also excluded under that policy. Substantiated Child Protective Services or Adult Protective Services findings of maltreatment cannot be waived.3West Virginia DHHR. Socially Necessary Services Crimes and Waiver Protocol
What Happens After a Disqualifying Finding
When the background check turns up a disqualifying offense, the WV CARES director sends the employer written notice that the applicant is ineligible. The director does not share the underlying criminal history record with the employer. Once notice is issued, the employer is barred from placing the person in direct-access work, and any provisional arrangement must end immediately.4West Virginia Legislature. W. Va. Code § 16B-15-4
Provisional employment lets a covered provider bring someone on for up to 60 days while fingerprint results are pending, but only under direct on-site supervision by a fully cleared employee, and only if the applicant signs a sworn statement that they have not committed a disqualifying offense. That statement acknowledges that a later disqualifying finding is good cause for termination.5West Virginia Legislature. W. Va. Code § 16B-15-66West Virginia BMS. BMS Chapter 700 WV CARES Policy
Challenging a Determination
There is no traditional appeal of an ineligibility determination, but two routes exist.
If you believe the criminal history record itself is wrong or incomplete, you can request a personal review from the West Virginia State Police for in-state records, or contact the FBI for out-of-state records. Disputes over specific charges or dispositions have to be raised with the court or arresting agency that submitted the record. You cannot continue working while the review is pending.6West Virginia BMS. BMS Chapter 700 WV CARES Policy
If the record is accurate but you believe mitigating circumstances warrant relief, you can submit a written variance request to the WV CARES Unit within 30 days of receiving the ineligibility notice. A variance is separate from a record-accuracy challenge and is not guaranteed. And for offenses designated as permanently disqualifying under a given program, no variance is available at all.7West Virginia OIG. West Virginia Clearance Access Registry and Employment Screening