Preston County Arrest Records

Residents of Preston County can become subject to an arrest when they are suspected of an illicit act. As directed in the West Virginia legislature (for example, §62-1-5), each person arrested by the police has the right to be taken to the court system without unnecessary delay. However, arrestees usually undergo a booking process at the police station or jail that notes pertinent details about the incident and facilitates the creation of an arrest record/report.

Arrest records, like other official documentation generated within the legal system (such as the Preston County court records), provide valuable insights into criminal procedure. While arrest records are produced and maintained by the police or sheriff's departments, they are shared with other criminal justice agencies—like the prosecutorial offices, which need them to build criminal cases against suspects. The documents also serve to enlighten the community about certain enforcement actions and enable the government to keep accurate information on offenders, which can be effective for spotting offender patterns and combating crime.

Are Arrest Records Public in Preston County?

Yes, they are. The West Virginia Freedom of Information Act (FOIA) identifies Preston County arrest records as public records, a term that encompasses all governmental records generated, collated, or maintained because of a public body's official functions. Preston County arrest records originate from a police agency's enforcement actions, which are part of its official responsibilities. Thus, these records can be seen or reviewed by any interested party.

Nonetheless, West Virginia's FOIA and some other statutes outline several categories of records that are confidential to the public, including:

• Arrest records belonging to minors (underage parties)
• Expunged arrest records
• A confidential informant's identifying information
• Certain victim information
• Medical, psychological, and similar files

What Do Public Arrest Records Contain?

Preston County public arrest records often list these details:

• The full government name of the accused person, along with their date of birth, sex, race, height, and weight
• The initial charges against the accused
• The date and time the accused was booked/processed into jail
• The accused's custody status and holding facility
• The court case number
• The bail type and amount, if applicable

Preston County Arrest Statistics

Preston County arrest statistics can be sourced from local police departments like the Kingwood PD, Reedsville PD, Masontown PD, Terra Alta PD, and the Preston County Sheriff's Office. Each agency can only provide departmental arrest figures, as the county has no central repository for such statistical information.

However, police agencies in Preston also submit arrest figures to the Federal Bureau of Investigation (FBI), which can be retrieved from the Crime Data Explorer (CDE).

Case in point: The Preston County Sheriff's Office reported 142 arrests in 2023, with 101 males and 41 females arrested. Drug/Narcotic Offenses were noted as the most common cause of arrest, with 38 incidents recorded.

Find Preston County Arrest Records

One method for retrieving arrest records in Preston County is to access the Offender Search platform provided by the West Virginia Division of Corrections and Rehabilitation (DCR), which oversees local jails and detention centers in West Virginia. A search on such online systems typically requires a person's last name and, sometimes, the county of arrest.

Members of the public can also visit or contact local arresting departments within Preston County to request public arrest information. Similarly, the requester will need to provide information about the record they seek, such as the offender's name, date of birth, or date of arrest. The individual will also need to cover any charges associated with their inquiry.

It is necessary to mention that federal arrestee information is typically unavailable through local authorities. In such instances, one can send a FOIA request to the federal agency that made the arrest, or if one is certain that an arrestee has been transferred to the Federal Bureau of Prisons custody, they can search the Federal Inmate Locator for their whereabouts.

Free Arrest Record Search in Preston County

Certain information about a person arrested in Preston County can be obtained for free by accessing the DCR's Offender Search systems. Individuals may also be able to retrieve public arrest information from local authorities at no cost. However, any request that necessitates the production of copies may bear associated charges.

In addition, several third-party public records databases are available online to find free arrest information. These databases are operated by private businesses and can be useful when searching multiple regions for a person's arrest and conviction information. However, charges may apply for extensive searches.

How Long Do Arrests Stay on Your Record?

No matter where an arrest occurs in West Virginia, including in Preston County, the corresponding record remains as part of the defendant's criminal history information until they receive an expungement.

Admittedly, individual law enforcement agencies utilize document retention schedules, which determine how long they store their records—usually, until a particular number of years pass or until the record has no value.

Nevertheless, the destruction of one agency's records according to its retention timetable does not imply the destruction of every custodian's records. In other words, the record may still exist somewhere else. Only an expungement order from the court can compel all criminal justice agencies with a Preston County arrest record to cease dissemination.

Expunge Preston County Arrest Records

West Virginia's laws (W. Va. Code §§ 61-11-25, 61-11-26, and 61-11-26a) grant criminal defendants a legal remedy called an "expungement". These statutes define an expungement as the removal or sealing of arrests, charges, or convictions from an individual's criminal record. However, only parties authorized by law can obtain such relief.

Per W. Va. Code §§ 61-11-25, a defendant should have been found innocent of an offense or had their charges dismissed, but not in return for a guilty plea to another crime that led to a conviction, to have their arrest records expunged in Preston. In addition, they must have no pending charges or prior felony convictions or have had the charges dismissed by deferred adjudication for ineligible offenses, like domestic battery, domestic assault, malicious or unlawful assault, assault, and battery where the alleged victim is a household or family member.

Eligible parties can file a civil petition (Form SCA-C903) in the Preston County Circuit Court to expunge all records connected with the arrest, charge, or any other matter arising from the arrest or charge. A mandatory 60-day waiting period from the dismissal or acquittal date applies before the petition can be filed, but the petitioner will not pay any filing fee or cost.

W. Va. Code §§ 61-11-26 and 61-11-26a govern expungements in which the arrest or charge led to a conviction. However, one's conviction must be legally eligible, usually because it is classified as a nonviolent felony or a misdemeanor. Interested persons can view the West Virginia Judiciary's Expungement Instructions form or consult a lawyer to determine the waiting periods, fees, and other guidelines for conviction expungements in Preston County.

Preston County Arrest Warrants

Preston County magistrates can issue arrest warrants when law enforcement officers or prosecuting attorneys submit complaints alleging a criminal offense. Per Rule 3 of the West Virginia Rules of Criminal Procedure, such complaints are written statements of essential facts that an offense occurred and a particular individual should be held accountable. If the magistrate finds probable cause from the facts outlined in the complaint, they will issue the arrest warrant.

Preston County arrest warrants bear the issuing magistrate's signature, the defendant's name or description, the offense charged in the complaint, and a command for the defendant to be captured and taken to the nearest available magistrate in the county of execution (West Virginia Rule of Criminal Procedure 4).

Do Preston County Arrest Warrants Expire?

No, arrest warrants never expire in Preston County. They remain active and enforceable until their subjects are apprehended. However, a court can cancel or withdraw an arrest warrant.