Hampshire County Arrest Records

Hampshire County arrest records are official documents on arrests within Hampshire County, WV. The Sheriff's Office and other local law enforcement agencies in Hampshire County create these documents when they take individuals into custody.

West Virginia Code § 62-10-9 grants sheriffs, deputy sheriffs, and correctional officers the authority to make arrests if the courts issue arrest warrants or they have probable cause to believe that a felony or misdemeanor has been committed. In addition, West Virginia Code § 8-14-3 and West Virginia Code § 51-3-19 outline the powers of municipal law enforcement authorities and courthouse security to arrest offenders within their jurisdictions.

After processing, Hampshire County law enforcement agencies detain arrestees at the Potomac Highlands Regional Jail and Correctional Facility. This establishment is a temporary holding location for detainees awaiting transfer to regional jails. Hampshire County arrest records are accessible through the Sheriff's Office (the primary custodian). However, records seekers can access criminal case-related arrest records through Hampshire County court records.

Are Arrest Records Public in Hampshire County?

Yes, arrest records are public in Hampshire County. The West Virginia Freedom of Information Act (WV FOIA) makes it a statutory right for the public to view and make copies of government records (including Hampshire County arrest records) unless access to such documents is legally exempt. Nonetheless, for privacy and security, there are limitations to public access to these documents. Under the WV FOIA, the public cannot scrutinize the following Hampshire County arrest records:

• Juvenile records
• Arrest records relating to ongoing criminal investigations
• Records that may compromise public safety and security
• Medical and psychological records
• Sealed and expunged arrest records
• Confidential informant information.

Access to these documents is by legal authorization or judicial order. Individuals seeking information about arrests in Hampshire County should reach out to the Hampshire County Sheriff's Office at:

66 North High Street, Room 2,
Romney,
WV 26757
Phone: (304) 822-3894
Fax: (304) 822-8494
Email: information@hampshirecountysheriffwv.com.

Hampshire County Arrest Statistics

According to the FBI database, 477 arrests were made in Hampshire County between January 21 and January 2025, comprising 355 males and 122 females. Of these arrests, 22% (106) were for drug-related incidents, 13% (60) for DUI, and 5% (26) for aggravated assault. Additionally, 24 arrests were made for simple assault, 17 for larceny, and 13 for weapon violations within the period. All other incidents make up 231 arrests.

Find Hampshire County Arrest Records

Searchers can access Hampshire County arrest records through the WV Regional Jail Offender Search Portal. This online tool permits users to access arrest details (including those of Hampshire County arrestees) through inmate records. Individuals seeking Hampshire County criminal case arrest records should log in to the West Virginia Magistrate Court Search Portal and search by name or case number for Hampshire County criminal court records.

For mail or in-person access to Hampshire County arrest records, visit the Hampshire County Sheriff's Office or the Hampshire County Magistrate Court during office hours at the following addresses:

Hampshire County Sheriff's Office
66 North High Street, Room 2,
Romney,
WV 26757

Hampshire County Magistrate Court
50 South High Street, Suite 157,
Romney,
WV 26757.

Hampshire County Arrest Records Vs. Criminal Records

Hampshire County arrest and criminal records are related but differ in their roles. Arrest records are law enforcement documents detailing the apprehension and detention of individuals by law enforcement. In contrast, criminal records are court-generated documentation on the prosecution, conviction, and incarceration of offenders for criminal offenses.

Hampshire County Arrest Records

In Hampshire County, the Sheriff's Office and other law enforcement agencies create arrest records as evidence of arrests. These documents contain personal details, the circumstances leading to arrests, and the terms for releasing the arrestees.

Arrest records may not have profound implications if they do not result in criminal convictions. Per state and federal law, an arrest does not automatically imply guilt for an offense. Arrestees are innocent of the allegations unless the courts find them guilty.

Hampshire County Criminal Records

Like arrest records, Hampshire County criminal records play a crucial role in law enforcement and crime prevention. However, criminal records provide more in-depth information about crimes and their ramifications. They give comprehensive details of individuals' actions against the county's criminal laws and the outcomes of such conduct under the criminal justice system.

Unlike Hampshire County arrest records, having a criminal record in Hampshire County is an official confirmation of a guilty verdict for criminal acts. Furthermore, Hampshire County criminal records may have long-term consequences. For instance, they may negatively impact job prospects and housing opportunities and impose social stigma on their owners.

How Long Do Arrests Stay on Your Record?

A Hampshire County arrest may stay indefinitely on a record unless the court restricts public access. According to Chapter 61, Article 11, Section 26 of the West Virginia Code, individuals have the right to petition the courts for sealing or expunction of arrest information if:

• The arrest does not result in a conviction
• The offense leading to the arrest is a misdemeanor or non-violent felony
• The owner of the arrest record observes the applicable waiting period (this ranges between 90 days for dismissal or acquittal, 1 and 2 years for misdemeanors, and 5 years for felonies)
• The petitioner does not have any criminal trial or charges within the waiting period
• The individual serves the sentence for the offense or completes a deferred adjudication program.

Hampshire County Arrest Warrants

Hampshire County arrest warrants refer to documents issued by the Hampshire County Circuit and Magistrate Courts authorizing law enforcement to arrest named individuals. For law enforcement to obtain arrest warrants, they must prove probable cause before the court. In addition, judges or magistrates in Hampshire County may also issue arrest warrants for contempt of court, failure of a defendant to appear for a scheduled criminal trial for no reason, violation of parole or probation, or a suspect attempting to flee to avoid prosecution for a criminal offense.

A typical Hampshire County arrest record contains the following information:

• The full name, known aliases, and physical description of the wanted person
• Warrant number
• Charges and sections of the West Virginia Code supposedly violated
• Name of the court issuing the warrant
• Date of issuance
• Probable cause statement in the form of a statement or affidavit
• Order to law enforcement to take the defendant into custody
• Instructions on how to execute the warrant
• Name and signature of the authorizing judge/magistrate.

Do Hampshire County Arrest Warrants Expire?

No, Hampshire County arrest warrants do not expire. A Hampshire County arrest warrant will remain active indefinitely unless law enforcement apprehends the subject, the court recalls or revokes it, or the defendant dies.

However, several factors can invalidate Hampshire County arrest records. For instance, defendants can successfully challenge the validity of an arrest warrant if it contains clerical errors or false information or if the authorizing court lacks the jurisdiction to issue it. Furthermore, a statute of limitations will define the time frame for issuing arrest warrants. If an arrest has a statute of limitations on its underlying offense, prosecutors must file the case before a court within the limitation period.

Expunge Hampshire County Arrest Records

West Virginia Code § 61-11-26 establishes the criteria for expunging arrest records within the state. For a Hampshire County arrest record to qualify for expungement, the following criterion applies:

• The arrest must not result in a conviction (this means dismissal, acquittal, or nolle prosequi)
• The offense resulting in the arrest is a misdemeanor or non-violent felony
• The arrest is for a first-time drug offense, and the individual completes an adjudication program or probation without a conviction.
• The owner of the arrest record has no pending criminal trial and observes the applicable waiting period for the offense.

The following is a stepwise process for expunging Hampshire County arrest records:

• Determine if the arrest record is eligible for expunction.
• Obtain the necessary documents for the petition, including a criminal background check from the West Virginia State Police, disposition documents (certified copies of acquittal, dismissal, or sentencing documents), and proof of sentence completion.
• File a petition with the Hampshire County Circuit Court (this should contain the date and location of the arrest, name of the arresting agency, charges and case number, statement of eligibility, and the type of disposition)
• Pay the applicable filing fee.
• Serve notice of the petition to the arresting law enforcement agency, the West Virginia State Police Criminal Identification Bureau, and the Hampshire County Prosecuting Attorney's Office.
• Attend the court review or hearing (if any) to counter objections and provide answers.
• If the petition is successful, the court will direct the relevant agencies to expunge the arrest record from their databases.