Marion County Arrest Records

Arrest records in Marion County are detailed reports about a person's arrest and detention because of a criminal charge. Police officers arrest people when there is probable cause, a valid warrant, or they witness a crime being committed. Arrests are necessary to protect the public from further harm, prevent the perpetration of more crimes, and enable prosecution for offenses. It is customary that individuals convicted of offenses in Marion serve their sentence in the North Central Regional Jail and Correctional Facility. This facility is also considered the primary place of confinement for persons arrested in Marion County.

Arrest records are typically created and updated by the Marion County Sheriff's Department. Nonetheless, other police departments in Marion County, such as the Fairmont Police Department, also maintain arrest records for incidents occurring within their respective jurisdictions. These may be shared with the Sheriff's department or state agencies to create a comprehensive database of arrests from the county.

Generally, an arrest record provides information about an individual's history of offenses. However, for added context about a person's crime, one can review other official documents, such as Marion County court records or criminal history reports.

Are Arrest Records Public in Marion County?

Yes. Per the West Virginia Freedom of Information Act (West Virginia Code §29B-1-1 et seq.), arrest records in Marion County are considered public records. The law mandates that all public records created or maintained in the state be made available to anyone who wishes to inspect or copy them, including an arrest record compiled by the local law enforcement departments.

However, public access can be restricted in certain instances. For instance, records of cases still under investigation, juvenile arrest records, and records that jeopardize a citizen's privacy are exempt from the public. Information that can jeopardize victims or witnesses is kept private.

What Do Public Arrest Records Contain?

Public arrest records in Marion County contain general information about arrested persons, including:

• The arrested person's information, like their full name, age, date of birth, and photograph or mugshot.
• The arrest date, time, and location
• The charges
• The booking date, number, and facility
• The arresting agency
• The arrest disposition, such as whether the suspect was released, is still in custody, or was transferred to another facility.

Marion County Arrest Statistics

The Crime in West Virginia report for 2019 documented 81 arrests in Marion County, which had an estimated population of 30,019. Those interested in more recent arrest statistics can contact the Sheriff's office or a municipal law enforcement department. One may also access the Federal Bureau of Investigation's Crime Data Explorer (CDE) and search by reporting agency.

Find Marion County Arrest Records

Among the primary resources to consider when looking for Marion County arrest records is the West Virginia Regional Jail & Correctional Facility Authority (WVRJA), which maintains an online lookup system for finding persons in regional jails (and prisons) across the state, including arrestees from Marion County. This website accepts searches by a person's name and provides information about their current status, charges, and other relevant information.

If the subject of interest was arrested in Marion County and transferred to a federal facility, the interested party may use the Federal Inmate Locator, provided by the Bureau of Prisons (BOP), to find federal inmates across the country. Any user can search with an inmate's name or register number and view information such as their location, release date, and current status.

For local arrest records, one can approach the Marion County Sheriff's Department or any other local police department. These departments maintain records of arrests they made and usually permit requests from citizens desiring such records under the FOIA. If visiting for a record, it is advisable for one to call in advance and confirm the policies of the department, hours of operation, and requirements for access since procedures and fees vary. Additionally, visitors should be prepared to show valid identification and provide details such as the full name of the person in question, which aids the search process.

Free Arrest Record Search in Marion County

Those wishing to search Marion County arrest records without paying can refer to several reliable free sources, such as state-based databases and independent sites.

For example, the WVRJA offers an online service that allows people to search for persons confined in all West Virginia regional facilities for free. Since arrestees from Marion County may be housed in jails, applicants may use this service at no cost.

Many third-party sites also offer public record searches for Marion County, including arrest records. While most third-party websites offer free initial searches with input parameters like a name and location, users usually have to subscribe or pay a fee for complete records. Users are advised to verify their preferred site's credibility since data accuracy may vary from one service to another.

How Long Do Arrests Stay on Your Record?

Marion County arrests typically remain on an individual's criminal record for life. Some states allow expungement or sealing of an arrest record once a certain time has elapsed, but West Virginia State does not automatically remove arrest records, even when charges were dismissed or the person was acquitted.

However, there are specific circumstances under which one can petition a court for the expungement of arrest records.

Expunge Marion County Arrest Records

W. Va. Code §§ 61-11-25, 61-11-26, and 61-11-26a cover expungements in West Virginia, including Marion County. Requests to expunge non-conviction (arrest) records are processed under W. Va. Code §§ 61-11-25. Meanwhile, W. Va. Code §§ 61-11-26 and 61-11-26a cover expungements for conviction records.

Any person desiring to expunge their arrest records in Marion County must meet the state's eligibility and procedural requirements, including not having any pending criminal charges or previous felony convictions. The petition for expungement should be filed in the Marion County Circuit Court and must contain the petitioner's full name, the date of the arrest, and the grounds for expungement, among other information. There is no filing fee for this type of petition.

Those wishing to expunge conviction records must have completed their sentences, including probation or parole. They must also not have any outstanding criminal charges against them. It must be noted that for conviction expungements, the offense itself is an important factor upon which one's eligibility is considered. Generally, expungement may be available for certain misdemeanor convictions and non-violent felony offenses. However, violent felonies and certain sexual crimes are not included. There is also a statutorily required waiting period that must have elapsed since the petitioner's sentence was satisfied, usually one year for misdemeanors and five years for non-violent felonies.

After receiving an expungement petition, the court may schedule a hearing to ascertain the applicant's qualification for record relief. If the court grants an expungement, it will enter an appropriate order directing that the arrest records be stricken or sealed from the individual's criminal history. The court's order will then be sent to the proper law enforcement agencies, which will carry out the expungement.

Marion County Arrest Warrants

In Marion County, an arrest warrant refers to a court-issued document that directs law enforcement agencies to arrest an individual suspected of committing a crime. These warrants are issued by judges or magistrates based on probable cause (reasonable evidence or cause) that law enforcement presents. Possible causes for an arrest warrant's issuance include criminal activity, failure to appear, or breach of conditions of probation/parole.

Every arrest warrant contains the suspect's name, the charges, the issuing authority, the date on which the warrant was issued, and the judge's signature. When a warrant is issued, it is entered into law enforcement databases, thereby allowing police officers to begin making arrests to ensure suspects have their day in court.

Do Marion County Arrest Warrants Expire?

No, arrest warrants issued in Marion County do not expire. They only become invalid upon a suspect's arrest or dismissal of the underlying charges. The court can also quash (recall) an arrest warrant, freeing the named party from legal ramifications.