Your Comprehensive Guide to West Virginia Public Records
West Virginia Public Records
Public records in West Virginia are documents and information created, maintained, or received by government agencies in the course of their official business. These records serve as a vital resource for citizens seeking information about government operations, property ownership, vital statistics, and other official matters. Access to these records is governed by the West Virginia Freedom of Information Act (FOIA), which establishes the framework for public access to government information.
Are West Virginia Records Public?
Yes, most records created or maintained by West Virginia state and local government agencies are considered public records. According to the West Virginia Freedom of Information Act (W. Va. Code §29B-1-1 et seq.), public records are defined as "any writing containing information prepared or received by a public body, the content or context of which, judged either by content or context, relates to the conduct of the public's business."
However, not all government records are accessible to the public. The law provides specific exemptions for certain types of information that are protected from disclosure due to privacy concerns, security issues, or other statutory protections.
What Information Is Included in West Virginia Public Records?
West Virginia public records encompass a wide range of documents and information, including:
- Vital records (birth, death, marriage, and divorce certificates)
- Property records (deeds, mortgages, liens)
- Court records (civil and criminal case files, dockets)
- Business records (licenses, permits, corporate filings)
- Voter registration information
- Tax records
- Professional licenses
- Criminal history information
- Government meeting minutes and agendas
- Budgets and financial reports
- Environmental permits and reports
- Vehicle registration and driver's license information (with restrictions)
- Government contracts and expenditures
- Personnel records of public employees (with certain privacy protections)
The specific information available varies by agency and record type, with certain personal or sensitive information often redacted to protect privacy.
What Does the West Virginia Public Records Law Do?
The West Virginia Freedom of Information Act (W. Va. Code §29B-1-1 et seq.) establishes the legal framework for public access to government records. Key provisions of the law include:
- Establishing the presumption that government records are open to public inspection unless specifically exempted
- Defining what constitutes a public record
- Outlining the procedures for requesting and obtaining public records
- Setting timeframes for agency responses to records requests
- Establishing exemptions for certain types of confidential or sensitive information
- Providing mechanisms for appealing denied requests
- Authorizing reasonable fees for record reproduction and search time
- Creating enforcement mechanisms for compliance with the law
The law aims to balance the public's right to information with the need to protect sensitive information and maintain efficient government operations.
How To Find Public Records in West Virginia in 2025
Finding public records in West Virginia typically involves contacting the specific agency that creates or maintains the records you seek. Here are the general steps to locate public records:
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Identify the appropriate agency: Determine which government agency is likely to have the records you need.
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Submit a formal request: While some records may be available online, others require a formal request. You can submit requests:
- In person at the agency's office
- By mail
- By email
- Through online portals (where available)
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Provide specific information: Be as specific as possible about the records you're seeking, including relevant dates, names, and document types.
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Pay applicable fees: Be prepared to pay reasonable fees for search time, copying, or certification.
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Follow up: If you don't receive a response within the statutory timeframe (generally 5 business days), follow up with the agency.
Many agencies now offer online access to certain public records through their websites, making the process more convenient for requesters.
Does West Virginia Have Free Public Records?
West Virginia law allows agencies to charge reasonable fees for providing public records, but some records may be available at no cost, particularly if:
- The records are already available online
- The request is simple and requires minimal staff time
- The agency chooses to waive fees
- You only wish to inspect records in person without obtaining copies
The West Virginia Freedom of Information Act permits agencies to charge for the "actual cost" of reproduction and reasonable fees for search and preparation time when extensive resources are required. However, agencies cannot charge for the time spent determining whether records are exempt from disclosure.
How Much Does It Cost To Get Public Records in West Virginia?
Costs for obtaining public records in West Virginia vary by agency and the type of records requested:
- Copy fees: Typically range from $0.25 to $1.00 per page for standard paper copies
- Search and preparation fees: May be charged when requests require extensive staff time (usually after the first hour)
- Specialized formats: Higher fees may apply for large-format documents, certified copies, or electronic media
- Vital records: Birth, death, marriage, and divorce certificates typically cost $12-$15 per copy
- Court records: Fees vary by court and document type, ranging from $1-$50
- Specialized records: Some specialized records like background checks have statutorily set fees
Agencies must provide an estimate of costs before proceeding with requests that will incur substantial fees. Some agencies may require prepayment for large requests.
How Long Does It Take to Obtain Public Records in West Virginia?
Under the West Virginia Freedom of Information Act, agencies must respond to public records requests within five business days. This initial response must either:
- Provide the requested records
- Acknowledge receipt and provide an estimated timeframe for fulfillment
- Deny the request with a written explanation citing specific exemptions
For complex requests involving voluminous records or requiring extensive redaction, agencies may need additional time beyond the initial five-day period. In such cases, they should provide a reasonable timeframe for completion.
Expedited processing may be available for urgent requests related to matters of public interest, though this is at the agency's discretion.
What Records Are Confidential In West Virginia?
West Virginia law exempts certain records from public disclosure. According to W. Va. Code §29B-1-4, these exemptions include:
- Personal privacy information (Social Security numbers, medical records, etc.)
- Law enforcement investigative records that could interfere with proceedings
- Records protected by attorney-client privilege
- Trade secrets and proprietary business information
- Internal memoranda and preliminary drafts
- Certain personnel records and employee information
- Test questions and scoring keys for licensing or employment examinations
- Records specifically exempted by other statutes
- Information related to security measures and emergency response plans
- Certain financial institution records
- Juvenile records
- Records containing information about infrastructure vulnerabilities
- Records related to ongoing economic development negotiations
These exemptions are designed to protect individual privacy, public safety, and governmental functions while still maintaining the general principle of open government.
Who Has the Right To Request Public Records in West Virginia
Under West Virginia law, any person has the right to request public records. The term "person" includes:
- Individual citizens (both West Virginia residents and non-residents)
- Corporations and businesses
- Media organizations
- Non-profit organizations
- Advocacy groups
- Government entities
- Legal representatives acting on behalf of others
The law does not restrict access based on citizenship, residency, or purpose of the request. Requesters are not required to explain why they want the records or how they intend to use them, though some specialized records may have statutory restrictions on who can access them.
What Can Be Done With Public Records in West Virginia
Public records obtained in West Virginia can be used for various legitimate purposes, including:
- Research and academic studies
- Business and market analysis
- Property transactions and title searches
- Background checks (with legal limitations)
- Genealogical research
- Media reporting
- Monitoring government activities
- Legal proceedings
- Personal information verification
While most public records can be used without restriction once obtained, certain records may have limitations on their use, particularly those containing personal information. For example, voter registration data cannot be used for commercial purposes, and driver's license information has strict usage limitations under federal law.
Key Agencies and Departments for Public Records in West Virginia
West Virginia Department of Administration
Building 1, Room E-119, 1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 558-4331
West Virginia Department of Administration
West Virginia Division of Motor Vehicles
1317 Kanawha Boulevard East
Charleston, WV 25301
(800) 642-9066
West Virginia Division of Motor Vehicles
West Virginia Department of Health and Human Resources, Vital Registration Office
350 Capitol Street, Room 165
Charleston, WV 25301
(304) 558-2931
West Virginia Vital Registration
West Virginia State Police, Criminal Records Section
725 Jefferson Road
South Charleston, WV 25309
(304) 746-2100
West Virginia State Police
West Virginia Supreme Court of Appeals
State Capitol, Room E-100
Charleston, WV 25305
(304) 558-2601
West Virginia Judiciary
West Virginia Department of Arts, Culture and History (State Archives)
1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 558-0220
West Virginia Archives and History
West Virginia Library Commission
1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 558-2041
West Virginia Library Commission
West Virginia Secretary of State, Business Division
1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 558-8000
West Virginia Secretary of State
WorkForce West Virginia
112 California Avenue
Charleston, WV 25305
(304) 558-7024
WorkForce West Virginia
West Virginia Department of Education
1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 558-2681
West Virginia Department of Education
West Virginia Department of Environmental Protection
601 57th Street SE
Charleston, WV 25304
(304) 926-0440
West Virginia Department of Environmental Protection
West Virginia Division of Natural Resources
324 4th Avenue
South Charleston, WV 25303
(304) 558-2754
West Virginia Division of Natural Resources
West Virginia State Auditor's Office (Land Records)
1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 558-2251
West Virginia State Auditor
West Virginia State Tax Department
1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 558-3333
West Virginia State Tax Department
West Virginia Legislature
1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 347-4836
West Virginia Legislature
West Virginia Department of Transportation
1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 558-0444
West Virginia Department of Transportation
West Virginia Attorney General's Office
State Capitol Complex, Building 1, Room E-26
Charleston, WV 25305
(304) 558-2021
West Virginia Attorney General
West Virginia Housing Development Fund
5710 MacCorkle Avenue SE
Charleston, WV 25304
(304) 391-8600
West Virginia Housing Development Fund
City of Charleston, City Clerk's Office
501 Virginia Street East
Charleston, WV 25301
(304) 348-8179
City of Charleston
How to Appeal a Denied Public Records Request in West Virginia
If your request for public records in West Virginia is denied, you have the right to appeal the decision. The appeal process includes:
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Informal resolution: Contact the agency to clarify your request or address any misunderstandings.
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Administrative appeal: Some agencies have internal appeal procedures. Check the denial letter for specific instructions.
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Legal action: If administrative remedies fail, you may file a petition in the circuit court of the county where the public record is located, as provided in W. Va. Code §29B-1-5.
- The petition must be filed within a reasonable time after the denial
- The burden of proof is on the public body to justify the denial
- The court may award attorney fees and costs to a prevailing requester
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Contact the West Virginia Ethics Commission: The Open Governmental Proceedings Compliance Officer can provide guidance on FOIA matters.
- West Virginia Ethics Commission
- 210 Brooks Street, Suite 300
- Charleston, WV 25301
- (304) 558-0664
- West Virginia Ethics Commission
The court may order the production of improperly withheld records and may impose penalties for willful violations of the law.
Difference Between Federal and West Virginia Public Records
Jurisdiction The Freedom of Information Act (FOIA), 5 U.S.C. § 552, applies exclusively to federal executive branch agencies, such as the U.S. Department of Justice, Department of Defense, and Department of Health and Human Services. It does not govern records held by state or local governments. In West Virginia, access to public records is regulated by the West Virginia Freedom of Information Act, codified at West Virginia Code §§ 29B-1-1 through 29B-1-7. This law applies to state agencies, county governments, municipalities, public school boards, and other political subdivisions.
Exemptions FOIA contains nine exemptions that allow withholding records such as:
- Classified national defense or foreign policy materials
- Internal agency personnel rules and practices
- Trade secrets and confidential commercial or financial information
- Law enforcement records that could impede investigations or invade privacy
- Pre-decisional inter- or intra-agency communications
The West Virginia FOIA has its own set of exemptions, including:
- Records containing trade secrets or proprietary data
- Law enforcement investigatory records when disclosure would interfere with enforcement proceedings
- Personal information in personnel files where disclosure would constitute an unreasonable invasion of privacy
- Test questions, scoring keys, and examination data before an exam is given
- Records subject to attorney–client privilege or attorney work product doctrine
Right to Request Under FOIA, any person—regardless of residency—can request federal records. Under West Virginia FOIA, any person may request state or local records. There is no residency requirement, making it open to in-state and out-of-state requesters alike.
Response Timelines FOIA mandates a federal agency response within 20 business days (excluding weekends and holidays), with possible extensions for unusual circumstances. West Virginia FOIA requires a public body to respond within a reasonable time, not to exceed five business days from receipt of the request.
Appeals and Enforcement Under FOIA, if a request is denied, the requester may file an administrative appeal with the agency, and if denied again, pursue relief in U.S. District Court. Under West Virginia FOIA, a requester may file suit in circuit court to compel disclosure. If successful, the court may award attorney’s fees and require disclosure.
Fees FOIA allows agencies to charge reasonable fees for search, duplication, and review, with fee waivers available for requests serving the public interest. West Virginia FOIA permits public bodies to charge the actual cost of reproduction and postage. Search and retrieval fees are generally not allowed unless specifically authorized by law.
Penalties for Non-Compliance Federal FOIA does not impose personal penalties on agency staff but allows courts to compel production and award legal fees. Under West Virginia FOIA, a public official who willfully violates the law can face misdemeanor charges and fines of $200 to $1,000 upon conviction (W. Va. Code § 29B-1-6).
Legal References
- Federal Law: Freedom of Information Act (FOIA) – 5 U.S.C. § 552
- State Law: West Virginia Freedom of Information Act – W. Va. Code §§ 29B-1-1 to 29B-1-7
- Guidance & Resources: West Virginia Secretary of State – FOIA Handbook
- Enforcement Authority: West Virginia Circuit Courts