Raleigh County Arrest Records

A Raleigh County arrest record is any electronic or paper document containing an arrested person's biographical information, the reason for the arrest, the name of the arresting officer, and other details surrounding the arrest. Note that an arrest record is usually created after an arrest made with or without a warrant and is maintained at the Raleigh County Sheriff's Office. Inquirers can visit the office during business hours to conduct an arrest record search. The record staff will require a name, arrest date, or arrest number to process the request. Record seekers can also request case information about an arrest brought before a court. However, the custodian of such records is not the Sheriff's Office. The perfect place to retrieve an arrested person's Raleigh County court records is at the court where the case was heard.

Are Arrest Records Public in Raleigh County?

Yes. The West Virginia Freedom of Information Act ensures law enforcement agencies make court records available to every person for inspection or copying upon request. While submitting a written request is not required, it is recommended to do so to prevent any misunderstandings about the timing and scope of the request. This also helps ensure that sufficient information is provided for the search, as mandated by W. Va. Code § 29B-1-3(4). The record custodian will respond to the request within 5 working days, but a copying fee is required. The Act is expansive, but it exempts some court records from public disclosure. Examples of such records are:

• Law enforcement agency records that deal with crime detection and investigation
• Internal records and notations of law enforcement agencies relating to their functions and maintained for internal use.
• Specific intelligence and investigative records relating to terrorist acts are shared by and between federal, international, and other agencies within the Department of Military Affairs and Public Safety.
• Records of Regional Jail Authority, Division of Corrections, and the Division of Juvenile Services relating to the design of their facilities.

What Do Public Arrest Records Contain?

Public arrest records in Raleigh County contain the following information:

• Bail amount and type
• An inmate's full name, mugshot, and birth date
• Height, weight, sex, and race
• Booking date and time
• The location of the inmate

Raleigh County Arrest Statistics

The West Virginia Division of Corrections and Rehabilitation (DCR) housed about 228 adult arrestees from Raleigh County in 2023, an increase of about 15 from the previous years. Juveniles from the county housed in juvenile services are about 12 in 2023.

Find Raleigh County Arrest Records

Residents can find Raleigh County arrest records online or in person at the West Virginia Division of Corrections and Rehabilitation (DCR). The DRC has several Offender Search portals that can be used to view arrest information for free. The search parameters are name or offender ID number. In-person customers can visit any DCR facility to request copies of Raleigh County arrest records.

Individuals looking for arrest records for Raleigh County prisoners housed in state prisons can contact the arresting federal law enforcement agency. Most agencies issuing these records disseminate them online, by mail, and in person. Some charge fees for online services, while others do not. Here are some ways to find arrest records from federal government agencies:

• The Federal Bureau of Prisons (BOP) makes arrests available to people online and in person at BOP facilities. Requesters need a number search to conduct a number.
• The United States Capitol Police (USCP) has an online portal for arrest summary reports where a CFN number, crime date, crime summary, or crime type is required for the search. They also provide access to these records by mail when they receive a Request Form from record seekers.
• The U.S. Immigration and Customs Enforcement (ICE) offers arrest records online through the Online Detainee Locator System and in person at any local field office and detention facility. Online requesters need an A-Number or biographical information to access the record.
• The Federal Bureau of Investigation allows subjects of records to get copies of their arrest records online, by mail, or through approved channelers for a fee of $18. A Credit Card Payment Form, money order, or certified check is required to pay the fees.

Free Arrest Record Search in Raleigh County

The West Virginia Division of Corrections and Rehabilitation (DCR) has several Offender Search portals where individuals can easily find arrest records without charges. Users can enter a name or offender ID number in the appropiate search box to locate the record. Some third-party vendors also provide arrest records online to their customers for free. This only happens at the initial search because a small fee may be required for comprehensive searches.

How Long Do Arrests Stay on Your Record?

Arrests can remain on a person's criminal record forever unless expunged. For example, arrest warrants for felony offenses are permanent. However, some arrest records are destroyed after a while. The West Virginia Records Management & Preservation Board provides a retention schedule for the following arrest records:

• Commitment records are kept for five (5) years
• Prisoners' report are kept for ten (10) years or until audit, whichever is later
• Arrest warrants for misdemeanor crimes are kept for 3 years.
• The log of all persons who visit an inmate is kept for 2 years.
• Jail records are kept for five (5) years until the Tax Commissioner audits and exceptions are cleared.
• Fingerprints of all arrested persons committed to jail or on bail be kept as long as they are valuable.

Expunge Raleigh County Arrest Records

In Raleigh County, expungement is the removal of the evidence of a person's arrest, charge, or conviction from all public records. Below are the eligibility criteria for expunging arrest records:

• The person was found innocent after trial, or their charges were dismissed, excluding those who are not part of a plea agreement (West Virginia Code §61-11-25)
• Individuals who have successfully completed all requirements of a deferred adjudication or pretrial diversion
• The arrestee committed one misdemeanor, and one year has passed after the conviction, and they have completed their sentence or period of supervision (West Virginia Code §61-11-26)
• A person was found guilty of multiple misdemeanors, and two years have passed since the last conviction, and they have completed their sentence or any period of supervision.
• The person was found guilty of a nonviolent felony, and five years have passed since the conviction, completion of any sentence, or period of supervision.

Eligible individuals must file the appropiate expungement form and supporting documentation with the Raleigh County Circuit Clerk's office for $200. The Clerk does not charge a fee for the expungement of records of individuals whose case was dismissed or found innocent of the charge against them. Any of the forms below can be used for the application:

• Petition for Expungement of Felony Violations
• Motion for Expungement of Criminal Records Due to Acquittal or Dismissal for Reasons Other than Entry of a Plea
• Petition for Expungement of Misdemeanor Violations and Traffic Citations (Form SCA-C906)

The petitioner must serve the petition and all supporting documentation to:

• The Superintendent of the State Police
• The Raleigh County prosecuting attorney
• The superintendent or warden of any institution where they were confined
• The chief law enforcement officer of other law enforcement agencies involved in the arrest
• The chief of police or other authorized person in the municipal police department where the offense occurred
• The Raleigh County Circuit Court or the Magistrate Courts or Municipal Courts where the criminal charges were disposed.

The court expects any of the individuals or agencies listed above or victims to file a notice of opposition within thirty (30) days of service of the petition. After 60 days of filing the petition, the court will grant or deny the petition.

Raleigh County Arrest Warrants

Per W. Va. Code § 62-1-2, a Raleigh County arrest warrant will only be issued when there is probable cause from a complaint that a person committed an offense. The court can issue more than one warrant on the same complaint. An arrest warrant contains:

• The signature of a justice
• The defendant's name or a description of the person if the name is unknown
• A description of the offense charges in the complaint
• A command that the officer arrest the defendant and bring them before a Raleigh County justice

According to W. Va. Code § 62-1-4, a warrant can only be executed by the arrest of the accused. This execution can take place at any time in West Virginia. The officer does not have to possess the warrant during their arrest, but it must be made available upon request. As the complaint is still pending, a warrant can be returned to the judge unexecuted and uncancelled, or a duplicate copy can be delivered to the same or another authorized officer for execution.

Do Raleigh County Arrest Warrants Expire?

Warrants of arrest issued in Raleigh County have no expiration date. They are cleared when the defendant dies or is arrested and brought before the issuing judge.