Wayne County Arrest Records

Wayne County arrest records contain information about instances where individuals were apprehended by law enforcement agencies within the county. The arresting agency generates these records after an arrest to document pertinent information about the arrest, such as details about the alleged offense and the arrestee's personally identifiable information.

Wayne County arrest records are used in various capacities by government entities, including during investigations by law enforcement agencies and courts for the criminal justice process, like prosecuting an offense. As a result, these government entities usually hold arrest records along with other public records they maintain, such as Wayne County Court Records and the West Virginia State Police Criminal Records.

Are Arrest Records Public in Wayne County?

Yes. Per the West Virginia Freedom of Information Act, codified in WV Code § 29B-1-1 to 29B-1-7, everyone has the right to access the records of public bodies that pertain to the conduct of public business. Since law enforcement agencies are considered public bodies and arrests constitute public business, most arrest records in Wayne County are publicly available.

Notwithstanding, WV Code § 29B-1-4 outlines several exemptions to the West Virginia Freedom of Information Act. These include juvenile arrest records, expunged records, and other records expressly restricted by court order, state statute, or federal law.

What Do Public Arrest Records Contain?

Public information typically found in Wayne County arrest records includes the following:

• The arrestee's mugshot and personal information like their full name and birth date
• The arrestee's physical features, including height, weight, race, and sex
• Details about the alleged offense and relevant charges.
• The arrest time, date, and location
• The arresting agencies and officer's name
• Case number
• Booking details, including the arrestee's booking number, date, and time.
• Release information (if applicable) like bond/bail type and amount

Wayne County Arrest Statistics

Arrest statistics from the Federal Bureau of Investigation (FBI) Crime Data Explorer (CDE) website show that 470 arrests were made in Wayne County in 2023. Of this total, 65% (306) of arrestees were male, and 35% (164) were female. By comparison, the county recorded 533 arrests in 2022, with 30% (159) of the arrestees being female and 70% (374), respectively, being male. By implication, Wayne County experienced a 12.6% decrease in arrests in 2023.

Find Wayne County Arrest Records

Individuals looking for Wayne County arrest records can begin their search by querying local law enforcement agencies, such as the Wayne County Sheriff's Office and local police departments. These agencies are responsible for conducting most arrests in Wayne County and creating and maintaining arrest records for each arrest.

Therefore, record seekers can contact a local law enforcement agency to search for and request the agency's public arrest records. To facilitate their request, record seekers must provide certain information that can be used to identify the requested record, such as the arrestee's name and date of birth (if known), as well as the arrest date and location.

Most local law enforcement agencies in Wayne County accept in-person requests for arrest records. Some agencies may also accept mail-in requests, in which case record seekers contact the agency to obtain their request form (if they provide one) or draft a written request. The drafted request should contain information identifying the requested record (as previously explained) and the record seeker's contact information.

Free Arrest Record Search in Wayne County

Record seekers can conduct a free arrest record search in Wayne County by visiting local law enforcement agencies. These agencies usually allow interested persons to inspect public records they generate and maintain, including arrest records, for free during regular business hours at their physical address pursuant to WV Code §29B-1-3. However, local law enforcement agencies may charge requesters a fee for furnishing copies of any records they request.

How Long Do Arrests Stay on Your Record?

Indefinitely. Unless an arrest gets expunged, it can become a permanent fixture on an individual's record.

Expunge Wayne County Arrest Records

Expungement is the legal process of petitioning a court to remove a specific entry from a person's criminal record, making the entry inaccessible to the public. Note that only individuals who do not have a pending criminal charge can file a petition for expungement, provided the record being petitioned is eligible for expungement under the West Virginia Code. For instance, arrest records connected to dismissed charges or certain misdemeanor or felony convictions are eligible for expungement.

One of the first steps prospective petitioners must take when applying to get an arrest record expunged is to obtain their complete criminal record. They must review their criminal records and compare them with relevant laws like WV Code §61-11-26 and publications like West Virginia Judiciary Expungement Instruction to ascertain if their record is eligible for expungement. Prospective petitioners can consult with a licensed attorney to assist in this process or the general expungement process.

Provided their record is eligible to get expunged, a petitioner can complete the appropriate expungement petition form. Next, the petitioner can pay the $200 filing fee to the Wayne County Circuit Court and file the completed petition with other required documentation to:

Wayne County Courthouse
P.O. Box 38
700 Hendricks Street
Wayne, WV 25570
Phone: (304) 272-6360
Fax: (304) 272-3496

If the record being petitioned is connected to conviction, the petitioners must serve their petition and other supporting documentation to the following:

• The state police superintendent
• The prosecuting attorney of the conviction
• The chief of police or executive head of the municipal police department where the offense happened
• The chief law enforcement officer of the agencies that participated in the arrest
• The warden or superintendent of the institute where the arrestee was held
• The Circuit Court, Magistrate Court, or Municipal Court that handled the disposition of the criminal charges.

Depending on whether the prosecutor's office or a victim of the offense objects to the petition, the court may schedule a hearing before issuing an expungement order. Alternatively, the court may issue the order without a hearing or reject the petition for due cause.

Furthermore, petitioners must pay an additional $100 fee to the Record Division of the West Virginia State Police to complete the expungement process. However, this fee is waivable if the petition was granted according to expedited procedures for individuals with a medically documented history of substance abuse.

Wayne County Arrest Warrants

A Wayne County arrest warrant is a court order instructing law enforcement officers to locate and apprehend a person alleged to have committed an offense within the county. A magistrate may issue an arrest warrant pursuant to a complaint if they find sufficient probable cause to believe the person to be arrested has committed an offense. Per West Virginia Rules Of Criminal Procedure Rule 4, an arrest must contain:

• The magistrate signature
• The defendant's name or, if unknown, any name or description that can be used reasonably to identify the defendant
• A description of the charged offense

Do Wayne County Arrest Warrants Expire?

No. Wayne County arrest warrants do not have a statute of limitation and can last as long as the warrant's subject remains at large.