West Virginia Court Records
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Ohio County Arrest Records
In Ohio County, arrest records are official documents detailing the circumstances surrounding an arrest. Law enforcement agents are authorized to make an arrest with a warrant or without one when there is a credible threat to public safety or a reasonable belief that an individual has committed a criminal offense.
After an arrest, the offender is usually transferred to the closest police station or jail, where their personal and arrest details are noted. These records are then preserved by the arresting department and utilized for multiple criminal justice processes, including investigating a person's offense history. A person's Ohio County court records can also be reviewed when looking into their background.
Are Arrest Records Public in Ohio County?
Yes. Under West Virginia's Freedom of Information Act, every individual can examine or reproduce arrest records of offenders over 18 years old. However, W. Va. Code § 29B-1-4 and similar laws deny public access to medical records, documents related to ongoing criminal investigations, confidential arrest records, records associated with terrorist investigations, and juvenile arrest records.
That said, the judicial council, law enforcement agencies, and others who obtain a court order can access restricted arrest records.
What Do Public Arrest Records Contain?
The following information may be found in public Ohio County arrest records:
- Time and location of arrest
- Arresting agency
- Amount paid for bail/bond
- Full name, physical description, and mugshot of the suspect
- Holding facility
- Charges
- Case number
Ohio County Arrest Statistics
Individuals interested in Ohio County's arrest rates or figures over a specific period can contact arresting agencies within the jurisdiction. Alternatively, they can access the Crime Data Explorer (CDE) for recent statistics.
Find Ohio County Arrest Records
Members of the public can obtain Ohio County arrest records through law enforcement agencies active in the jurisdiction. For example, the Ohio County Sheriff's Office can be visited at 51 16th Street, Wheeling, West Virginia, or call (304) 234-3792 during business hours to request arrest records. Usually, requesters will need to provide an arrestee's full name or the arrest date. A valid form of identification may also be required.
If the person of interest was incarcerated after an arrest, one can search for their whereabouts using online tools provided by the West Virginia Department of Corrections and Rehabilitation (DCR). A person's name or ID number is usually required for such inquiries. The DCR can also be reached at (304) 558-2036 for inmate information or to determine other record inspection avenues.
It should be noted that federal inmates are under the jurisdiction of the Federal Bureau of Prisons (BOP). As such, federal inmate inquiries should be directed to them. One can also access the BOP's Federal Inmate Locator to find inmate information.
Free Record Search in Ohio County
Individuals can access arrest records free of charge through various third-party platforms. These online resources have no geographical restrictions and are designed to be user-friendly. Users can conduct searches by case number, the offender's full name, and the county where the arrest occurred.
However, it is essential to note that the information offered by these websites is compiled from various sources, and it may not be current. Therefore, such data should not be relied upon when making housing, credit, or educational decisions.
How Long Do Arrests Stay on Your Record?
In Ohio County, arrest records are permanent, meaning that once an individual has a record, it remains on file indefinitely. However, specific laws permit expungement, which may mitigate the adverse impacts of a record. Factors such as the severity of the offense, the length of time since a crime occurred, and a case's final disposition all play a role in determining if one qualifies for an expungement in Ohio County.
Expunge Ohio County Arrest Records
W. Va. Code § 61-11-25 permits the expungement (sealing) of an arrest record in Ohio County when the record owner was not convicted of an offense. In these instances, the individual can file Form SCA-C903 (no filing fee) with the Ohio County Circuit Clerk's Office once 60 days have lapsed from the dismissal or acquittal.
On the other hand, W. Va. Code §§ 61-11-25, 61-11-26, and 61-11-26a addresses expungements of criminal convictions, typically misdemeanors and nonviolent felonies. West Virginia Judiciary's Expungement Instructions manual contains detailed information about filing for this sort of expungement. However, it will involve filing the appropriate form with the local circuit court, paying any associated fees (including the $200 court filing fee), and notifying the relevant agencies, including the arresting agency, prosecuting attorney, and State Police.
It is necessary to follow the expungement guidelines carefully, as failing to do so could result in one's petition being dismissed. However, if all requirements are met and the expungement is granted, the record will no longer be accessible to the public.
Ohio County Arrest Warrants
Under W. Va. Code § 62-1-2, a judge or magistrate can approve an arrest warrant after a law enforcement officer submits a complaint or affidavit demonstrating beyond a reasonable doubt that a specific individual is linked to a crime.
By issuing the warrant, the judge or magistrate (i.e., the court) orders the police to capture and detain the suspect and bring them to the court system. An arrest warrant includes the issuing judge's signature, the suspect's name or physical description, the charges brought against them, and an order for the offender to be taken to the issuing or nearest court.
Do Ohio County Arrest Warrants Expire?
No. Any Ohio County arrest warrant remains active until the defendant is apprehended by law enforcement. However, a defendant's demise can invalidate a warrant, as the individual can no longer be pursued for an offense. Courts can also void an arrest warrant, thus rendering it inexecutable.