Nicholas County Arrest Records

Nicholas County arrest records document the events leading up to an arrest and the procedures that follow immediately after. As the county's primary arrest agency, the Nicholas County Sheriff's Office apprehends suspects and maintains a register for each arrest as required by law. The Sheriff typically exercises arrest authority when a crime occurs in the presence of an officer or when an individual's behavior raises reasonable suspicion of criminal activity.

However, it is essential to note that the administration of justice proceeds in stages. Following an arrest, if charges are filed and the arrestee is arraigned in court for prosecution, the trial details are recorded in the Nicholas County Court Records. The Nicholas County Jail in Summerville holds arrestees charged, convicted, and committed to prison.

Are Arrest Records Public in Nicholas County?

According to the West Virginia Freedom of Information Act (§ 29B-1-3), court records are public documents. Anyone can request to inspect or copy specific arrest entries upon submitting a request that reasonably specifies the information sought. Some records are specifically exempted from public disclosure:

• Records dealing with an ongoing crime investigation.
• Information specifically exempted from disclosure by statute
• Details about juvenile offenders
• Information that compromises personal privacy or public safety

To obtain a copy of an arrest record, requesters may visit or contact:

Nicholas County Sheriff's Office
700 Main Street, Suite 3
Summersville, WV 26651
Phone: (304) 872-7880

Nicholas County Arrest Statistics

The Nicholas County Sheriff's Department provides arrest statistics data. According to recent statistics, the most common offense for which law enforcement has arrested or detained suspects in Nicholas County is aggravated assault. There were 174 violent crime arrests and 69 property crime arrests. The breakdown of violent crimes includes 18 sexual assaults, 155 aggravated assaults, and one robbery-related arrest. There was no murder or manslaughter. Property crime arrests included 19 burglaries, 49 larcenies, one motor vehicle theft, and two arson arrests.

Find Nicholas County Arrest Records

West Virginia Division of Corrections and Rehabilitation (WVDOCR) Website

The West Virginia Division of Corrections and Rehabilitation is a state resource that provides an online search portal for offender searches in Nicholas County, West Virginia. The WVDOCR website allows record seekers to search inmates by name or ID number in state-operated facilities.

Federal Bureau of Prisons (BOP) Website

For county residents incarcerated in federal custody and federal inmates incarcerated in West Virginia, the inmate locator allows users to find inmates by name or registration number.

West Virginia Regional Jails Website

The West Virginia Division of Corrections and Rehabilitation maintains a statewide online inmate search portal for offenders in regional jails and correctional facilities. Individuals can search for inmates by navigating the "Daily Incarcerations" or "WV Regional Jail Offender Search" options.

An in-person resource available to find arrest records or locate an inmate currently detained in Nicholas County is contacting or visiting the sheriff's office at:

Nicholas County Sheriff's Office
700 Main Street, Suite 3
Summersville, WV 26651
Phone: (304) 872-7880

Nicholas County Arrest Records Vs. Criminal Records

In Nicholas County, West Virginia, arrest and criminal records serve distinct roles in the criminal justice system. Arrest records specifically document instances where law enforcement agencies arrested individuals, noting details such as the person's name, the arrest warrant, the date, and the arresting agency. These records do not indicate guilt, as someone may be arrested but never charged or later found not guilty. As public records, many jurisdictions allow public access to this information for transparency and legal purposes.

On the other hand, criminal records offer a more detailed account of an individual's interactions with the criminal justice system. These records include arrest data, charges filed, court proceedings, convictions or acquittals, and sentencing information. They may also include probation, parole, or incarceration history. Law enforcement agencies maintain criminal records, and various entities, such as employers, legal professionals, and government bodies, frequently use them for background checks.

Unlike arrest records, criminal records provide a complete overview of a person's criminal history.

How Long Do Arrests Stay on Your Record?

In Nicholas County, arrests—whether they resulted in a conviction or not—typically remain on file indefinitely unless steps are taken to have them expunged.

Expungement is the legal removal of an arrest from an individual's criminal history. This makes arrest details inaccessible in most public and private background checks. In Nicholas County, the eligibility criteria for expungement of arrest records vary, depending on the case's outcome and the nature of the charges. Per West Virginia Law, certain charges are ineligible for expungement, such as crimes involving violence against a person, offenses where the victim was a minor, sexual offenses, and domestic violence-related crimes.

Nicholas County Arrest Warrants

In Nicholas County, a judge or magistrate issues an arrest warrant when there is probable cause to believe an individual has committed a crime. Arrest warrants remain active until the individual named by the warrant is apprehended.

An arrest warrant includes key information such as:

• Details of the Offense: This clarifies the reason for the arrest and helps ensure the warrant is being executed for the correct reason.
• Database or Description of Suspect: This identifies the individual authorized to be arrested.
• Date of Issuance: This indicates when the judge signed the warrant, confirming its validity.
• Judge's Signature: The judge's signature authorizing the arrest.
• Location/County: The agency's name is authorized to execute the warrant.

Once issued, such an individual can be arrested in any county within the state.

Do Nicholas County Arrest Warrants Expire?

Arrest warrants in Nicholas County remain active indefinitely and do not expire. Once issued by a judge or magistrate, a warrant stays in effect until the individual is arrested or the court officially recalls it. This means outstanding warrants are enforceable at any time, regardless of how they are tied to a specific legal timeframe.

Expunge Nicholas County Arrest Records

Generally, the expungement process in Nicholas County, West Virginia, involves petitioning the court. Specific criminal charges, like violent or sex offenses, may not be eligible for expungement. Expungement may be available in cases where charges are dismissed or the person is found not guilty. The requirements for expungement vary, but standard eligibility criteria include sentence completion (if the individual completed their sentence, probation, or parole and has shown good behavior since the arrest), no conviction, and time elapsed.