Mason County Arrest Records

An arrest is a legal action that a law enforcement agency can take to maintain law and order within Mason County. It entails the apprehension of an individual by law enforcement for a crime they committed or are suspected of committing based on sufficient probable cause or under exigent circumstances.

Law enforcement agencies create Mason County arrest records following an arrest to document the circumstances surrounding the arrest and other essential details about the incident. These records serve as legal documentation of arrests and are used in different criminal justice processes, including initiating criminal investigations. Criminal justice agencies also compile arrest records for inclusion in a subject's state and federal criminal history record and for analyzing regional crime trends. As a result, arrest information is featured in different criminal justice agencies' records, including Mason County Court Records, the West Virginia State Police's Uniform Crime Reporting Publications, and criminal records.

Are Arrest Records Public in Mason County?

Yes. Under the West Virginia Freedom of Information Act, codified in WV Code § 29B-1-1 to 29B-1-7, records generated by public entities concerning public business they conduct, such as arrests, are presumed public. As a result, law enforcement agencies are required to make arrest records in Mason County available to the general public unless otherwise expressly provided by law.

An arrest record may be protected from public access if it falls under any exemptions of the West Virginia Freedom of Information Act outlined in WV Code § 29B-1-4 or other applicable state and federal laws. Some exempt records include expunged records, juvenile arrest records, and records whose release will jeopardise an ongoing investigation or other criminal justice proceedings. Generally, exempt records are only available to eligible persons or entities, such as the record's subject.

Nonetheless, ineligible parties can obtain a subpoena to access exempt records.

What Do Public Arrest Records Contain?

Public arrest records in Mason County typically contain the following information:

• The arrestee's biographical data: full name, aliases, birth date, and address
• The arrestee's mugshot and physical characteristics: height, weight, sex, race, age, unique features (such as tattoos, scars, and birthmarks)
• Arrest details: location, date, time, and arresting agency.
• Booking details: booking number, date, and time
• Charges and description of the alleged offense
• Case number(s)
• Release details: bond/bail types and amount

Mason County Arrest Statistics

According to the Federal Bureau of Investigation's Crime Data Explorer (CDE), local law enforcement agencies in Mason County made 136 arrests in 2023, representing an approximate 41% decrease from the previous year. Of the 2023 arrest total, male and female arrestees made up 72.8% (99) and 27.2% (37) of arrests, respectively. Furthermore, drug/narcotic offenses with 25 arrests had the highest number of arrests that year. Other notable crimes include driving under the influence (15 arrests) and larceny (6 arrests).

The above statistics only reflect arrests made by the Mason County Department of Natural Resources, Mason County Sheriff's Office, Mason Police Department, Point Pleasant Police Department, and West Virginia State Police: Point Pleasant.

Find Mason County Arrest Records

To find an arrest record in Mason County, record seekers must ascertain which agency created it. As previously stated, local law enforcement agencies usually generate an arrest record after making an arrest to document the incident. Different law enforcement agencies operate within Mason County, including the Mason County Sheriff's Office and municipal police departments. Generally, the County Sheriff's Office can make an arrest anywhere within the county. Meanwhile, local police departments typically only operate within the confines of their respective municipalities.

The procedures and fees for requesting Mason County arrest records may differ depending on the agency. Nonetheless, requesters must provide sufficient detail about the sought-after record to identify it, such as the arrestee's full name and approximate arrest date. Furthermore, requesters may also be required to provide a form of Identification when requesting records.

In cases where an individual was arrested and booked in adult facilities overseen by the West Virginia Division of Corrections and Rehabilitation (WVDCR), interested persons can use the WVDCR's Inmate Search portal to find information about the arrest.

Free Arrest Record Search in Mason County

In Mason County, record seekers may be allowed to review arrest records for free in person at local law enforcement agencies during regular working hours. However, they may be charged a fee for reproduction costs if they request copies of a record.

Alternatively, interested persons may access basic arrest information online through third-party websites. Notwithstanding, accessing comprehensive records through most third-party websites is usually subject to a fee.

How Long Do Arrests Stay on Your Record?

Indefinitely. West Virginia law does not specify a time limit for how long an arrest must stay on an individual's criminal record. As a result, an arrest typically remains unless it gets expunged.

Expunge Mason County Arrest Records

Expungement is a legal process that removes an entry, such as an arrest or conviction, and its associated records from a subject's criminal record, restricting public access to the expunged entry. Under West Virginia law, the eligibility requirements for expungement are that the record subject must not have any pending criminal charges. Furthermore, the record to be expunged must be eligible for expungement under relevant statutes, like WV Code §61-11-26.

In Mason County, applying for expungement generally involves filing a petition with a court of appropriate jurisdiction. First, prospective petitioners must obtain their complete criminal record from the West Virginia State Police. After receiving their criminal record, they can review and compare it against relevant state expungement laws, such as WV Code §61-11-26, and resources like the West Virginia Judiciary's Expungement Instructions to determine if their record qualifies for expungement. They can do the reviews and comparisons themselves or hire a licensed attorney to do it for them.

A prospective petitioner can complete the appropriate expungement form if they have an eligible record. The completed expungement form, other required documentation, and a $200 filing fee should be submitted to the Mason County Circuit Court at:

Mason County Courthouse
200 Sixth Street
Point Pleasant, WV 25550
Phone: (304) 675-4400
Fax: (304) 675-7419

If the arrest being petitioned resulted in a conviction, the petitioner must serve their completed expungement petition form and other supporting documents to the following individuals and entities:

• The Superintendent of the State Police
• The prosecuting attorney of the county of conviction
• The chief of police or the executive head of the municipal police department where the offense happened
• The chief law enforcement officer of the agencies that participated in the arrest
• The warden or superintendent of the institute where they were confined
• The Circuit Court, Magistrate Court, or Municipal Court that disposed of the criminal charges.

After filing the necessary documents, any of the aforementioned individuals or entities and victim(s) may file a notice of opposition with the court within thirty (30) days. The court will schedule a hearing following this; otherwise, the court may issue the expungement order without a hearing or reject the petition.

After being granted an expungement order, the petitioner must pay a $100 fee to the Record Division of the West Virginia State Police to complete the process. However, this fee is waived if the expungement petition was granted pursuant to the expedited procedure established for persons with a medically documented history of substance abuse.

Mason County Arrest Warrants

A Mason County arrest warrant is a court order that directs law enforcement officers to apprehend a specific person who is alleged to have committed an offense. Generally, a magistrate has the authority to issue an arrest warrant when they receive a complaint and upon finding sufficient probable cause to believe the individual to be arrested has committed an offense. According to West Virginia Rules of Criminal Procedure Rule 4, an arrest warrant must contain:

• The defendant's name or any name or description that can be reasonably used to identify the defendant
• A description of the alleged offense
• The issuing magistrate's signature

Do Mason County Arrest Warrants Expire?

No. Generally, Mason County arrest warrants do not have an expiration date and remain active until the warrant's subject is apprehended, surrenders themselves to the appropriate authority, or dies.