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West Virginia Court Records

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Marshall County Arrest Records

Marshall County arrest records refer to documents from the Marshall County sheriff's office and police department. These offices are in charge of executing arrests and operating county jails where incarcerated individuals are kept. These records contain information about incarcerated persons and the circumstances of their arrest, such as the location, date, and time of the arrest, the arresting officer, the arresting agency, and the charged crimes.

Arrest records may also provide details like the booking, fingerprint, and personal information of the arrested individual and the alleged crimes. These records can also be obtained through arraignment details from Marshall County court records.

Arrest records include documents like arrest warrants, which are issued to persons of interest or individuals caught in the act. These warrants are issued by a judge to law enforcement agencies and become active when signed by the judge. When arrests are executed, the incarcerated individuals are held at the Marshall County jail. These records can be obtained from the sheriff's office or online through official channels and third-party websites.

Are Arrest Records Public in Marshall County?

According to the West Virginia Freedom of Information Act, Marshall County arrest records are public documents. This law guides access to public records for all counties. While it describes arrest records as public records, this law also contains restrictions that constitute records removed from public access for safety or privacy concerns. These records include the following:

  • Investigatory records that may compromise ongoing efforts
  • Juvenile records
  • Records expunged by court orders
  • Personal privacy details such as addresses of witnesses or victims, or certain medical records

The public can approach the sheriff's office to inspect arrest records at:

Marshall County Sheriff's Office
601 Seventh Street
Moundsville, West Virginia 26041
Phone: (304) 843-1500

Marshall County Arrest Statistics

Marshall County arrest statistics can be viewed on the FBI UCR website. This webpage provides a database for arrests dating back ten years. Between 2023 and 2024, the county sheriff's office executed eight arrests for all other offenses. There were eight simple assault arrests while the county recorded no arrests for aggravated assault, arson, burglary, homicide offenses, larceny, robbery, and rape.

Find Marshall County Arrest Records

The Sheriff's Office maintains Marshall County arrest records. This includes records of individuals who are housed in the Marshall County Jail. These records can also be found among court records, which the clerk of courts maintains. Arrest records can be accessed by the public because they are public documents. Requesters can use mail-in or walk-in requests to view or obtain arrest records. These requests can be submitted to the relevant court clerk or the sheriff's office. Arrest records can also be found online by visiting the state's Locate an inmate website, which offers local, regional, and federal agency search tools. The state's Magistrate Case Record Search website provides access to the county's criminal case records, which contain Marshall County arrest records.

Marshall County Arrest Records Vs. Criminal Records

Marshall County criminal Records are documents like court records, jail records, and arrest records that provide a full scope of a person's criminal profile. These records contain details of a person's criminal history, including sentences and prison records. Criminal records are maintained across various government agencies such as the sheriff's office, police department, prison services, and the courts. The police department and sheriff's office provide details of arrests and jail inmates, while the courts provide details of criminal Case trials.

Marshall County arrest records contain details of law enforcement incarcerations and persons in custody. They refer to documents like jail inmates' rosters and arrest warrants, which provide details of the arrested individual, the location of the arrest, date and time of the arrest, alleged charges, and the arraignment details. Arrest records do not provide an indication of guilt as they are documents that show Allegations of crimes, unlike criminal records, which can indicate guilt where the suspect was convicted of the crime. Arrest records are primarily maintained by law enforcement agencies like the sheriff's office and police department.

How Long Do Arrests Stay on Your Record?

Arrests will stay on your public records for an indefinite period in Marshall County. These records do not have automatic removal guidelines and can only be sealed or expunged through the courts. The state allows individuals to expunge parts of their records, such as arrest or criminal records. The process of Expungement is available to individuals who were not convicted, have no pending charges when filing the expungement petition, and have waited the 60-day period required from the day the charges were dismissed. Individuals who have been convicted can expunge their records according to the requirements for the crimes they were convicted of. Misdemeanors require a one-year waiting period, while non-violent felonies require 5 years.

Marshall County Arrest Warrants

Marshall County arrest warrants are legal orders a magistrate or a judge issues to authorize law enforcement detentions. Arrest warrants are issued to law enforcement officers to direct that a person who is accused of a crime be apprehended. These documents are issued when there is probable cause, which is supported by oath or affirmation. The prosecuting attorney or law enforcement officer files a written complaint with a judge or magistrate. This complaint will contain the details of the alleged crime and the suspected offender. The judicial officer reviews the complaint to determine if probable cause has been established to avoid arbitrary detention.

If established, the warrant is issued. According to West Virginia Rules of Criminal Procedure, Rule 4(c), it must be in writing and signed by the judicial officer, contain the details and description of the suspected offender, describe the charged offense, and direct the arrest of the individual. Bench warrants are also issued for arresting persons who do not appear in court for trials.

Do Marshall County Arrest Warrants Expire?

Marshall County arrest warrants do not expire because they remain active indefinitely. Judges issue arrest warrants, which they can cancel by recalling. This is done in situations where further Investigations exonerate the suspect or the warrant was issued in error. Arrest warrants will also remain active until law enforcement agents arrest the person of interest named in the document. Where the crime is subject to the statutes of limitations, the arrest may still be executed, but the charges may not be pursued further.

Expunge Marshall County Arrest Records

Expungement is a legal process that seals or removes criminal or arrest records from public archives. This process may not destroy the records, but it will ensure they are not publicly accessible. Expungement of records requires some conditions to be fulfilled for individuals to be eligible. Such conditions include the following:

  • The applicant was found not guilty of the charge
  • The charges were dismissed

Expungement processes in Marshall County require a 60-day waiting Period from the date the charges were dismissed or an acquittal was granted before the petition can be filed. Individuals who are eligible and have satisfied the waiting period can obtain the expungement form from the Circuit Clerk's Office. The Motion for Expungement of Criminal Records (SCA-C903) must be filed adequately, and supporting documents must be attached.

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