Fayette County Arrest Records

Fayette County arrest records outline information on all arrests made within the county. They typically provide information about the arrestee, the offenses they committed, and the circumstances leading to their arrest. Arrests become necessary when a law enforcement officer believes an individual has broken state or local laws.

After an arrest in Fayette County, arrestees are typically held in the Southern Regional Jail. The Fayette County Sheriff's Office generates and maintains these records with support from local police departments. If an arrest proceeds to trial, additional information regarding the arrest and subsequent proceedings will be available in Fayette County Court Records.

Are Arrest Records Public in Fayette County?

Yes, arrest records are public in Fayette County according to the West Virginia Freedom of Information Act (West Virginia Code § 29B-1-3). The law specifies that all citizens can inspect or copy records from any public body, including arrest records, unless the record is restricted by law. This may be to protect the interests and privacy of the parties involved or the integrity of an ongoing case.

Some examples of information exempt from public disclosure include:

• Information compromising the safety of witnesses or informants
• Sensitive information that could facilitate an identity theft (bank account numbers, residential address, passwords)
• Information that could compromise ongoing investigations

What Do Public Arrest Records Contain?

A public arrest record will typically contain the following information:

• The full name of the arrestee
• Identifying physical information of the arrestee (height, weight)
• Case information (case number and disposition)
• Photographs (mugshots)
• Date of the arrest
• Time of the arrest
• Arresting agency and officer
• Description of the charges, including statutes the individual is accused of defaulting
• Bail or bond information

Fayette County Arrest Statistics

According to the 2023 Crime Data Explorer managed by the Federal Bureau of Investigation (FBI), Fayette County recorded 169 arrests in that year. The most popular crimes leading to arrest were simple assault, with 56 arrests; all other offenses, with 55 arrests; and drug and narcotic arrests, with 12 arrests.

Find Fayette County Arrest Records

The Fayette County Sheriff's Office is the custodian of arrest records. Persons who wish to obtain these records may visit the office during business hours or call the administrative office. If visiting the Sheriff's Office, remember to go with a valid government-issued photo ID, as it may be required to process the record request. Requests should be addressed to:

Fayette County Sheriff's Office
100 Court Street
Fayette, WV 25840
Phone: (304) 574-4216

Fayette County arrest records can also be obtained through the following state and federal resources:

• West Virginia State Police: The West Virginia State Police maintains a database of criminal records and offers a criminal record check through their third-party service provider. Individuals with authorization to access the records for pre-employment, housing, licensing, or certification background checks.
• West Virginia Division of Corrections: The WV Regional Jails maintains an online inmate search tool for finding information on individuals incarcerated in West Virginia counties. To find an incarcerated individual, searchers may select Fayette from the list of counties and scroll through the list of inmates incarcerated daily and their information,
• Federal Bureau of Investigation (FBI): They maintain a federal inmate search tool for individuals to find inmate information by name or Bureau of Prisons(BOP) registration number.

Free Arrest Record Search in Fayette County

Individuals can conduct a free arrest record search in Fayette County by contacting the record custodians of the arrest records. The record custodians of arrest records are the Fayette County Sheriff's Office and the county courthouse if the arrest made it to trial.

Third-party websites also provide remotely accessible databases where inquirers can find arrest records from multiple counties simultaneously. This source shortens the record requester's search time but may only offer basic information on the arrest record. Fees may be required for a more detailed arrest record. However, records from third-party resources may not be as accurate or up-to-date as records from the official records custodian.

How Long Do Arrests Stay on Your Record?

Indefinitely. In West Virginia, an arrest will stay on a person's record until it is expunged or sealed. West Virginia Code § 61-11-26 states the procedures and eligibility of criminal and arrest record expungement.

Expunge Fayette County Arrest Records

Expunction is the legal process of erasing charges from an individual's criminal history or restricting it from public view. However, not all offenses can be expunged. Violent crimes, offenses involving minors, and driving under the influence (DUI) offenses West Virginia Code § 61-11-26 governs expunction in West Virginia. It specifies the eligibility criteria and procedures for getting an expunction in the state and under the statute, individuals can only request expungement once.

For a charge to be eligible for expunction, the individual must have completed the necessary sentence, paid restitution, and satisfied the required waiting period for their charge. The waiting periods are one year for misdemeanors and 5 years for non-violent felonies. The process for getting a crime expunged in Fayette County is as follows:

• Ensure that the crime is eligible for expunction
• File a petition along with supporting documents to the circuit court where the case was filed
• Attend a hearing is requested to present the case for expunction
• The court grants the expunction,and the charges are sealed or erased.

Fayette County Arrest Warrants

A Fayette County arrest warrant is a legal document issued by a court that authorizes a law enforcement officer to take an individual suspected of breaking state laws into custody. The law enforcement officer submits an affidavit with evidence establishing probable cause with reasonable belief of the crime being committed to a judge. If the judge believed the probable cause, the warrant authorizes the named individual's arrest. The conditions under which a warrant is issued in Fayette County include the following:

• For failure to appear in court when required
• When probable cause is established by sufficient evidence in a case
• For defaulting in parole, probation, or child support

Information typically contained in an arrest warrant includes the following:

• Full name and description of the individual to be arrested
• The offense the individual is accused of committing
• Signature of the issuing judge or magistrate
• Instructions for executing the arrest.

Do Fayette County Arrest Warrants Expire?

It depends. Fayette County arrest warrants do not have a particular expiration date and mostly last for as long as the accused person is apprehended. Although arrest warrants have indefinite validity, some factors may affect their execution.

• Statute of limitations: Depending on the crime, all warrants become invalid and can no longer be executed once the statute of limitations for the case expires.
• Court order: Due to new evidence, a court can quash or invalidate an arrest warrant.
• The severity of the crime: Depending on the severity of the crime, some warrants may be prioritized by law enforcement over others due to available resources.
• Jurisdiction: The jurisdiction of the presiding court and the law enforcement agency executing the warrant can delay the enforcement of a warrant if the accused moves to a new jurisdiction.