West Virginia Arrest Records

A West Virginia arrest record is an official document that details the circumstances surrounding the apprehension of an individual suspected of committing a crime. This may include the suspect's name and events from the time of arrest to the arraignment and bail. The record may also contain the outcome of the arrest.

Arrest records are typically maintained by state or local agencies, such as the Kanawha County Sheriff's Office, the Berkeley County Sheriff's Office, and the Charleston Police Department. Generally, interested persons may obtain arrest records in West Virginia as part of a background check for official purposes or simply to satisfy personal curiosity. Consequently, possessing an arrest record may have social consequences.

Are Arrest Records Public in West Virginia?

Yes. According to the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.), citizens and non-citizens of the state may access public records, including arrest records, unless otherwise restricted by law or court order. Consequently, interested parties may view and obtain copies of arrest records maintained by local and state law enforcement agencies.

Nevertheless, the Act restricts public access to specific records, such as:

• Information related to ongoing criminal investigations
• Juvenile records
• Records sealed or expunged by court order or law
• Private medical records, Social Security numbers, bank account details, credit reports, and other sensitive personal data.

West Virginia Arrest Statistics

Five-year crime statistics, as reported by the National Incident-Based Reporting System (NIBRS), revealed that West Virginia law enforcement officers made 171,542 arrests between December 2018 and December 2023. The gender split of the arrest data showed that males comprised 71.62% (122,860), while females made up 23.38% (48,682) of all arrests within the period.

Further analysis of the category of offenses for which law enforcement arrested suspects during the period under review revealed that all other crimes, aside from traffic violations, were the most prevalent, accounting for 32.79% (56,283) of the total. This was followed by simple assault (11.82%, 20,289), unspecified larceny theft (9.84%, 16,891), and driving under the influence (8.84%, 15,166).

Find Public Arrest Records in West Virginia

Individuals seeking public arrest records in West Virginia may access such information by contacting the record custodian directly (in person) or via their online resources (if self-service options are available). The procedure for obtaining public arrest records in West Virginia is similar across jurisdictions and typically includes the following:

Identifying and Contacting the Record Custodian

The custodial law enforcement agencies for publicly available arrest records in West Virginia are typically the Sheriff's Office, local police department, or jail facility. One way to locate the relevant custodial law enforcement agency is to determine the county where the arrest occurred and identify the name of the local law enforcement agency or regional jail. Then, the searcher must typically contact the agency to submit the request. Most agencies have guidelines for submitting public records requests on their website.

Submitting a Record Request

Subsequently, the searcher may submit a request. Generally, record custodians provide requestors with three options:

• Searching an online arrest log.
• Sending a mail request.
• Visiting the office in person to search.

Online: The online search option is often considered the most convenient because it offers instant results.

Mail-in: Requesters typically need to draft a letter that describes the requested information in sufficient detail to facilitate a record search.

In Person: In-person record requests often require scheduling a prior appointment unless the agency offers a walk-in service.

Paying the Applicable Fees

To complete the search, the requester is typically expected to pay the applicable fees, which usually apply to individuals requesting public records by mail or in person. Mail applicants are commonly expected to send an application packet containing the letter, a money order for applicable fees, and a self-addressed envelope.

Note: The self-addressed stamped envelope is separate from the application packet envelope.

Obtaining Restricted Arrest Records in West Virginia

In West Virginia, arrest records are usually accessible only to authorized persons due to the sensitive nature of such information. Individuals wishing to acquire restricted arrest records in West Virginia are typically required to obtain a court order. To obtain a court order granting access to a restricted arrest record, the searcher is typically required to petition a court of competent jurisdiction—usually the Circuit Court in the jurisdiction where the arrest occurred.

The procedure for submitting a petition may vary from court to court. Therefore, inquirers are advised to contact the Circuit Court Clerk's Office for the necessary information or to seek professional legal services.

The court considers several factors when evaluating a petition for access to restricted records. Firstly, the court weighs the requester's need to access the record against the need to protect the confidentiality of the information it contains. The court may also consider the petitioner's motive and the resulting consequences of releasing the information. In certain instances, the court may hold a hearing to determine the outcome of a petition.

If the petition is granted, the court issues an order and serves the record custodian listed in the petition. The order typically contains the court's decision and describes the terms under which the requester may view restricted documents. The requester is expected to attach a copy of the order when submitting their record request. It is noteworthy that orders granting access to restricted records may also limit the information available to the petitioner. In such instances, the record custodian typically redacts the most sensitive content of the documents before granting access to the requested document.

What is Included in West Virginia Arrest Records?

A West Virginia arrest record typically features:

• The subject's biodata, including full name, aliases, age, date of birth, and address;
• A physical bodily description, including height, weight, race, markings, or tattoos;
• Photograph or mugshot;
• Charges;
• Time and arrest location;
• Arresting law enforcement agency;
• Subject's incarceration or custody status;
• Booking details, including the booking date and time, release or transfer date;
• Case number;
• Bond/bail details, including amount and type.

How to Look Up Arrest Records Online in West Virginia

Requesters seeking West Virginia online arrest records may obtain such information through official and third-party sources.

Official Sources

Interested persons may access public arrest records via online databases maintained by local and state criminal justice agencies. To find an arrest record online, visit the official website of the law enforcement agency that made the arrest. At the county level, this information is maintained by the Sheriff's Office, but at the state level, it is maintained by the West Virginia Division of Corrections and Rehabilitation.

In West Virginia, official online record search portals typically support name-based searches for individuals in custody. To search, enter the arrestee's last and first name into the provided fields. It is also possible to search by last name only if the first name is not known. The drawback with a last name search is that it is less specific and often returns all arrestees with that last name. In such instances, the searcher is typically required to manually review several entries to identify the correct person, which may be time-consuming. Hence, it is advisable to search with the arrestee's full name or unique identification number if known.

Third-Party Sources

These consist of non-governmental online portals that offer public records search services to interested individuals, typically in exchange for a fee. Independent aggregator websites may be helpful in situations where the requester is unsure of the specific custodian for the arrest record they are seeking. However, these service providers are not regulated by the government, meaning there is no guarantee of the accuracy or completeness of the documents obtained.

How Long Do Arrests Stay on Your Record in West Virginia?

Indefinitely. West Virginia arrests typically stay on record permanently unless the subject files for an expungement. Under West Virginia law, individuals who were arrested but not charged or convicted are eligible for expungement of their records. They may also qualify for expungement if their sentences were reversed or they received pardons. However, most US states have established retention schedules that determine the length of time an arrest record remains accessible to the public. Therefore, if the arrest took place in another state, the record's availability usually depends on that state's retention schedule. This allows the arrest record to be removed after a specified period.

Expunge an Arrest Record in West Virginia

Under West Virginia Code §61-11-26, a petitioner may approach the courts for the expungement of certain misdemeanor convictions after a waiting period. They may also petition for the expungement of specific non-felony convictions under West Virginia Code §61-11-26a. Generally, an individual may qualify for record expungement if:

• They were arrested but not convicted of filed charges
• They had their charges dismissed before trial
• They had their convictions overturned or pardoned

Expungement Process

Applying for an arrest record expungement in West Virginia typically involves the following steps:

• Obtaining Copies of the Criminal Record: The first step in requesting an expungement is to obtain copies of the criminal record that contains the arrest information, otherwise known as a "record of arrests and prosecution" or rap sheet. This document provides a chronological record of a person's arrests and their corresponding outcomes. Although the West Virginia State Police is the custodian of criminal records, a requestor may apply for these records through an authorized vendor.
• Reviewing the Criminal Record: After obtaining the criminal record, review the arrests to determine eligibility. Misdemeanor or felony offenses are not eligible for expungement if they violate W. Va. Code §61-11-26(c). Consult the expungement instruction sheet for a detailed description of these offenses.
• Completing the Necessary Court Forms: Subsequently, the petitioner is expected to complete the appropriate expungement motion form if an arrest is eligible for expungement. Thereafter, they are required to file the completed form at the Clerk's Office in the circuit court where the arrest occurred. If the petitioner has arrests in different counties, they are typically required to complete and submit a separate application to each county.
• Paying the Service Fees: The petitioner is typically required to pay the applicable fees, which include a $200 filing fee and a $100 processing fee, both of which are paid to the West Virginia State Police. Obtaining a waiver for these fees is possible. However, the petitioner is expected to contact the Clerk's Office to request one.
• Attending a Court Hearing: In some instances, the court may schedule a hearing before deciding on an expungement petition. This usually happens when a victim or the prosecutor's office challenges the petition. If the petition is successful, the court will serve the record custodian with an order expunging the record. When this happens, the record custodian is typically required to destroy the associated documents, and they will no longer be available. Individuals whose expungement petitions are denied may appeal the ruling within 30 days of the denial.

How Do I Find Recent Arrests in West Virginia?

Requesters seeking recent arrest records may access the West Virginia Regional Jail Authority's log of recent arrests online. Such information may also be obtainable online via the County Sheriff's Office or at their office. Interested persons may visit the Sheriff's Office or police department in the judicial district where the arrest occurred to access records of recent arrests.

Are West Virginia Arrest Records Free?

Yes. Requesters may access arrest information free of charge via the Regional Jail Authority website. They may also obtain free basic inmate rosters or recent booking logs, including the arrestee's name, booking date, and charges, on most County Sheriff's Office websites. However, inquirers who choose to request arrest records in person at the Sheriff's Office or submit a mail-in record request may incur copying or certification fees.

Information seekers may also obtain a West Virginia arrest record for free by requesting a fee waiver from the record custodian. To obtain a fee waiver, the requestor is typically expected to contact the administrative office of the law enforcement agency responsible for the record. Fee waiver requests are reviewed and granted or denied on a case-by-case basis. To increase the odds of getting a fee waiver, the applicant is typically required to demonstrate a financial need or an inability to pay for the arrest record without assistance.

In addition to law enforcement databases, interested parties may also obtain free arrest records from third-party repositories. However, most independent providers of public records charge a fee, which is typically per search or on a subscription basis, for access to extensive information on their site.