Mingo County Arrest Records

Arrests in Mingo County, West Virginia, occur when an offender is apprehended by law enforcement and taken into custody. An arrest may be lawfully executed with or without a warrant. When a law enforcement officer witnesses or has probable cause to believe that a person has committed or will commit a felony or misdemeanor, they may arrest the suspect without a warrant (W. Va. Code R. § 149-3-8).

Following an arrest, the arresting officer(s) will take the suspect into custody for booking. The booking process involves recording details of the incident and the arrest, recording the identity of the arrestee, fingerprints, and a photograph. Most of the information recorded in the booking process becomes part of the Mingo County arrest record. The Mingo County Sheriff's office is the primary custodian for arrest records within its jurisdiction. The sheriff's office retains and reports arrest records and conveys criminal information to the courts in the county and the West Virginia State Police. Arrest records inform the process of creating Mingo County Court Records. While the Sheriff's Office is responsible for maintaining Mingo County arrest records, court records are retained by the Mingo County Circuit Court Clerk.

Are Arrest Records Public in Mingo County?

Yes. The West Virginia Freedom of Information Act was enacted to ensure that public records and all documents and information maintained by public bodies are available to every person for inspection and copying upon request. The Act applies to records in the custody of all state, county, and municipal bodies and their governing agencies, departments, and authorities.

Thus, it can be construed to apply to all law enforcement offices and courts that retain arrest records and other related court documents in Mingo County, West Virginia. However, the West Virginia FOIA provides for specific exemptions from the application of the Act. The exemptions set forth in the act (§ 29B-1-4) are prohibited from public disclosure. Custodians will deny or refuse all requests to view or inspect sealed or confidential records unless the requester is the person named in the record or a person with legal interests in the records. For example, juvenile arrest records and victims of human trafficking are typically restricted from public access.

What Do Public Arrest Records Contain?

Members of the public may find the following information in the Mingo County public arrest records:

• Basic Information about the arrestee: This may include their full name, date of birth, age, aliases or nicknames, address, height, weight, photograph, gender, race, ethnicity, eye color, scars, or other noticeable physical features.
• The Name of the arresting officer and agency: The names of the officer(s) that made the arrest and the department they belong to, for example, the Mingo County Sheriff's Office, Delbarton Police Department, or Gilbert Police Department.
• The location, date, and time of arrest
• Charges: A brief description of the charges, class of offense (felony, misdemeanor, traffic)
• Outstanding warrants and previous charges
• Bail and bond information
• Court details: Scheduled court dates
• Holding facility.

Mingo County Arrest Statistics

Based on statistics retrieved from the FBI's Crime Data Explorer, local law enforcement agencies in Hardin County made 119 arrests in 2023. The number of male offenders (95) was marginally higher than that of female offenders (24). According to the arrest data trend, the following offenses were more prevalent in 2023: simple assault, drug and narcotic offenses, driving under the influence, fraud offenses, aggravated assault, and disorderly conduct.

Find Mingo County Arrest Records

The Mingo County Sheriff's Office and other municipal police departments have the authority to make arrests and document arrest records within their jurisdiction. However, the Sheriff's Office is the primary custodian of arrest records in Mingo County.

Inmates in Mingo County are held in the Mingo County Jail. Per the West Virginia Freedom of Information Act, the Sheriff's Office is under an obligation to ensure that arrest and inmate records are reasonably available upon request. Interested persons may contact or visit the Mingo County Sheriff's Office to view or request arrest records at the address below:

Mingo County Sheriff
P.O. Box 1270
Williamson WV 25661
Phone: (304) 235-0300
Fax: (304) 235-0436

The West Virginia Division of Corrections & Rehabilitation is the agency responsible for providing information on state inmates in custody. The Offender Search website contains records of daily incarceration, escapees and absconders, and prison and jail searches.

Free Arrest Record Search in Mingo County

Residents of Mingo County may inspect arrest records for free at the county sheriff's office or the police department that made the arrest. While inspecting records may be free, requests for copies of law enforcement records are subject to administrative fees.

Researchers may also access Mingo County arrest records using third-party search websites. These websites compile arrest information, court records, and other public records from state and county sources and make them available online. Although some of these sites may offer free name-based searches, access to the records themselves is not. Searchers will have to pay to access the content of the records or to view comprehensive arrest reports.

How Long Do Arrests Stay on Your Record?

Indefinitely. Arrest records remain public records forever. It is possible to expunge non-conviction records. Where an arrest does not result in formal charges, an indictment, or a conviction, it may be easier to expunge. The individual may petition the court in the county where the arrest occurred or the court where the case was adjudicated to have the records of their arrest and court hearing sealed or expunged.

Expunge Mingo County Arrest Records

Chapter 61 of the West Virginia Code on Crimes and Punishment explains how non-conviction and criminal conviction records may be eligible to be expunged. In line with §61-11-25, any person who has charged with a criminal offence in the state and was thereafter found not guilty of the offense, or the charges against them were dismissed (not in exchange for a guilty plea), may file a civil petition in the circuit court in the county which the charges were filed to expunge all records relating to the arrest, charge, or other matters arising out of the arrest or charge.

The individual must file the petition at least 60 days after the order of acquittal or dismissal was entered by the court. If the court finds no pending charges related to the expungement request, it may grant the petition and order the sealing of all relevant records. All public agencies in custody of the record that is the subject of the petition, with such records, must certify to the court within 60 days that the expungement is complete, and seal the record pursuant to court order.

Persons who have been convicted of a misdemeanor or nonviolent felony may be eligible to file a petition in the circuit court where the conviction(s) occurred to expunge the records associated with the conviction. Individuals in this category are not eligible to file a petition until 1 year (for a single misdemeanor) or 2 years (for multiple misdemeanors) after the conviction or completion of their sentence or period of supervision, whichever is later (West Virginia Code §61-11-26).

Mingo County Arrest Warrants

Per Rule 4 of the West Virginia Rules of Criminal Procedure, an arrest warrant is an order issued by a magistrate instructing an authorized officer of the law to arrest a defendant on account of an offense committed or reasonably believed to have been committed.

Arrest warrants in West Virginia can be issued by a magistrate of the circuit court who has discretionary powers to issue warrants. A bench warrant functions similarly to an arrest warrant except that it is issued when a defendant is absent from court without reason on the scheduled hearing date.

A Mingo County arrest warrant must contain: the signature of the magistrate, the name of the defendant, if known. If unknown, any other name or description that particularly identifies the defendant. It must also include a description of the offense stated in the complaint, and an order that the defendant is to be arrested and brought before any available magistrate in Mingo County.

Do Mingo County Arrest Warrants Expire?

Generally, arrest warrants in West Virginia do not expire. Unlike search warrants, arrest warrants remain active until they are served and executed or resolved by the courts. But when the statute of limitations on the offense charges has lapsed, the court can no longer try the defendant for the offense. Although it does not affect the existence, the court no longer has the jurisdiction to hear the matter.

An arrest warrant may also be canceled at the request of a state attorney. In a case like this, the unexecuted warrant must be returned to and canceled by the issuing judge or magistrate or by a state or local judicial officer.