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Upshur County Arrest Records
In Upshur County, law enforcement officers make arrests under certain legal conditions. These include instances where there are reasonable grounds to believe a person in the county is committing, has, or is about to commit a crime. When people are arrested, documentation is created to record the arrest. These documents are called arrest records. Individuals arrested in Upshur County are typically held at Tygart Valley Regional Jail and Correctional Facility.
Upshur County Arrest records, maintained by the Sheriff's Office, document arrests and charges. At the same time, Upshur County Court Records document the legal proceedings following the arrest and the outcomes within the judicial system.
Are Arrest Records Public in Upshur County?
Yes, arrest records in Upshur County are public records under West Virginia's Freedom of Information Act (FOIA), which grants every person the right to inspect public records, including arrest records. West Virginia Code §29B-1-4, however, provides for record access exemptions to the public. Exemptions include:
- Records of information that can interfere with ongoing investigations
- Records with information that amounts to an invasion of privacy, as it contains mental health or medical information
- Juvenile records involving persons under the age of 18
- State or law enforcement security measures whose exposure can compromise their usefulness
Even with exemptions, it is still possible to access records. This can be:
- By legal counsel representing the person named on the records
- With a court-ordered subpoena if needed for a civil or criminal court case
- Through a FOIA appeal to challenge the denial in the circuit court
For additional information on Yankton County arrest records, interested individuals can contact the county sheriff's office:
Upshur County Sheriff's Office
38 West. Main Street, Room 103
Buckhannon, WV 26201
Phone: (304) 472-1180
Upshur County Arrest Statistics
The Upshur County Sheriff's Office and the Buckhannon Police Department are both contributors to the Federal Bureau of Investigation's (FBI) Uniform Crime Reporting Program (UCRP). Their contributions in 2023 show a total of 298 arrests, broken down as follows:
| Offense Category | Number of Arrests |
|---|---|
| Drug/Narcotic Offenses | 56 |
| Drive Under the Influence | 39 |
| Simple Assault: | 30 |
| Weapon Law Violations: | 6 |
| Destruction/Damage/Vandalism: | 4 |
| Aggravated Assault | 5 |
| Arson | 1 |
| Counterfeiting/Forgery | 2 |
| Disorderly Conduct | 7 |
| Larceny | 61 |
| Total | 298 |
Of these 298 arrests, there were 35 violent crimes and 68 property crimes, as shown in the tables below:
Violent Crimes:
| Offense | Number of Arrests |
|---|---|
| Aggravated Assault | 3 |
| Simple Assault | 30 |
| Total | 35 |
Property Crimes:
| Offense | |
|---|---|
| Larceny | 61 |
| Destruction/Damage/Vandalism of Property | 4 |
| Arson | 1 |
| Counterfeiting /Forgery | 2 |
| Total | 68 |
Find Upshur County Arrest Records
To locate inmates in Upshur County facilities, such as the Tygart Valley Regional Jail and Correctional Facility, interested parties can use the West Virginia Regional Jail Authority (WVRJA) Offender Search tool. To find inmates in the nearest federal facility, such as the Federal Corrections Institution, Gilmer, searchers can use the Federal Bureau of Prisons (BOP) Inmate Locator.
Upshur County Arrest Records Vs. Criminal Records
Upshur County arrest and criminal records include the following differences:
| Arrest Records | Criminal Records |
|---|---|
| Documents the initial arrest and detainment by law enforcement. | It covers the entire case outcome, including charges, sentencing, and post-conviction status. |
| It does not prove guilt, but only indicates the accusations. | Confirms guilt through a conviction in court. |
| In West Virginia, employers are prohibited from inquiring about arrest records during the initial job application process. | West Virginia employers may ask about convictions, which are part of a criminal record, during the initial job application process. |
How Long Do Arrests Stay on Your Record?
As of June 7, 2019, West Virginia has expanded eligibility for expungement to include most misdemeanors and non-violent felonies, and felonies that are eligible to be redesignated as misdemeanors in the state. Persons with multiple misdemeanors are eligible for expungement. However, a person may only apply for one felony.
Some felony and misdemeanor offenses involving domestic violence, use or exhibition of a deadly weapon, felony offenses with the victim being a minor, driving while impaired, and sexual crimes are not eligible for expungement. Persons convicted of an illegible offense, such as a DUI, can still apply for expungement of an unrelated and eligible felony five years after the DUI.
Petitioners must observe a waiting period from the conviction date or sentence completion before filing a petition. The waiting period for a misdemeanor conviction is one year, while for multiple misdemeanors it is two years. In comparison, the waiting period for an eligible non-violent felony is five years. The eligibility waiting period is shortened for petitioners participating in an approved recovery or treatment job program.
Upshur County Arrest Warrants
Upshur County arrest warrants are legal documents issued by a magistrate or judge that authorize law enforcement personnel, such as sheriffs or deputies, to take a person suspected or accused of a crime into custody. The requirement of an arrest warrant ensures that residents are protected from unlawful arrests, as probable cause must be established before an arrest can be made.
An Upshur County arrest warrant must be signed by the issuing magistrate and contain the defendant's identification, including their name and physical description, and the offense charged.
Do Upshur County Arrest Warrants Expire?
No, Upshur County arrest warrants do not expire. The West Virginia Criminal Procedure for Magistrate Courts does not specify an arrest warrant's lifespan or expiration date. Once issued by a magistrate or judge, they remain active until:
- Executed: The person named on the warrant is arrested.
- Recalled or quashed: The judge or magistrate quashes or recalls the warrant based on new evidence, charges are dropped, or a legal motion to suppress the warrant is granted.
- Death of the individual: The passing of the person named on the warrant automatically renders the warrant invalid and prevents its execution.
Expunge Upshur County Arrest Records
To petition for expungement in Upshur County, petitioners must complete the appropriate form, either the Petition for Expungement of Misdemeanor Violations or the Petition for Expungement of Felony Violations. A copy of the criminal history record is required for the process, which can be obtained from the West Virginia State Police Criminal Identification Bureau upon payment of a $100 state processing fee. Petitioners are also required to gather supporting documents, such as court records, proof of program completion, and other relevant documents. Petitioners must file the complete petition and documents with the Upshur County Circuit Clerk's Office, along with payment of the $200 filing fee. The court will review the petition, schedule a hearing, and, if granted, will order the expungement of the records.