West Virginia Arrest Records

West Virginia Public Records /West Virginia Arrest Records

Are Arrest Records Public in West Virginia?

Yes, arrest records in West Virginia are generally considered public under the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.), which provides that government records must be available for inspection unless specifically exempt. This means that basic arrest details—such as the person’s name, charges filed, the arresting agency, and the date and location of the arrest—are typically accessible to the public. Many sheriff’s offices and county jails publish daily arrest logs or inmate rosters online.

However, there are important restrictions and exemptions. Arrest records involving juveniles, sealed or expunged cases, and records related to ongoing law enforcement investigations are not open for public access. Additionally, while basic arrest information is public, comprehensive criminal history records are controlled by the West Virginia State Police Criminal Identification Bureau (CIB). Access to these records generally requires fingerprints, fees, and proper authorization. This structure ensures that West Virginia maintains transparency while also protecting privacy rights and the integrity of law enforcement investigations.

What Law Governs Access to Arrest Records in West Virginia?

Several laws govern access to arrest records in West Virginia:

West Virginia Freedom of Information Act (WV Code §29B-1-1 et seq.) - This law establishes the public's right to access government records, including arrest records, with certain exceptions.
West Virginia Criminal Identification Bureau Act (WV Code §15-2-24) - This statute establishes the Criminal Identification Bureau within the West Virginia State Police and outlines its responsibilities for collecting and maintaining criminal history information.
West Virginia Criminal History Record Information Act (WV Code §15-2C-1 et seq.) - This law regulates the collection, maintenance, and dissemination of criminal history record information.
Federal Regulations (28 CFR Part 20) - These federal regulations establish guidelines for criminal justice information systems, including requirements for accuracy, completeness, and security of criminal history records.

These laws collectively establish a framework that balances the public's right to information with individuals' privacy rights and the integrity of law enforcement operations.

What Information Is Included in a West Virginia Arrest Record?

A typical West Virginia arrest record contains comprehensive information about an individual's encounter with law enforcement. These records generally include:

Full legal name of the arrested individual
Aliases or known nicknames
Date of birth
Physical description (height, weight, eye color, hair color)
Photograph (mugshot)
Fingerprints
Date and time of arrest
Location of arrest
Arresting agency
Charges filed
Case or docket number
Warrant information (if applicable)
Booking information
Detention facility information
Bail or bond amount (if applicable)
Court appearance dates
Disposition of the case (if available)

It's important to understand that arrest records document the fact that an arrest occurred but do not necessarily indicate guilt. The disposition information, when available, provides details about the final outcome of the case, which may include dismissal, acquittal, conviction, or other resolutions.

How To Obtain Arrest Records in West Virginia in 2025

To obtain arrest records in West Virginia, individuals can follow several established procedures depending on their specific needs and the type of information they seek.

In-Person Requests

The primary source for official criminal history information is the West Virginia State Police. Individuals can request records in person at:

West Virginia State Police, Criminal Records Section
725 Jefferson Road
South Charleston, WV 25309
(304) 746-2100
West Virginia State Police

Hours of operation: Monday through Friday, 8:30 AM to 4:30 PM (excluding holidays)

To request records in person, you will need to:

Complete the appropriate request form
Provide valid government-issued photo identification
Pay the required fee
Provide fingerprints (for complete criminal history checks)

Mail Requests

For those unable to visit in person, mail requests are accepted. Send the following to the address above:

Completed request form (available on the WV State Police website)
Notarized copy of your identification
Payment (check or money order)
Self-addressed stamped envelope for return documents

County-Level Records

For specific arrest information, you may also contact the county sheriff's office or the municipal police department where the arrest occurred. These agencies maintain their own records of local arrests and may provide information not available through the state repository.

How to Find Arrest Records Online in West Virginia

West Virginia offers several online resources for accessing arrest records and related information:

West Virginia State Police Criminal Records - Provides information on how to request criminal history records, though complete records cannot be obtained directly online.
West Virginia Regional Jail Authority Inmate Search - Allows searches for current inmates in the regional jail system.
West Virginia Division of Corrections and Rehabilitation Offender Search - Provides information on individuals currently incarcerated or under supervision.
West Virginia Judiciary Case Management System - Offers access to court records, which may include information about arrests and case dispositions.
West Virginia Sex Offender Registry - Provides information on registered sex offenders, including arrest and conviction details.

When using these online resources, be aware that:

Information may be limited compared to official record requests
Some systems may require registration or fees
Not all arrest records are available online
Information should be verified through official channels

Who Can Access Arrest Records in West Virginia?

Access to arrest records in West Virginia varies depending on the requestor's identity and purpose. The following categories of individuals and organizations have different levels of access:

Full Access

Law enforcement agencies
Criminal justice agencies
Government agencies for employment screening for sensitive positions
Licensed private security companies (for employee screening)
Authorized court personnel
The individual whose record is being requested (for personal records)

Limited Access

Employers (with signed consent from the subject)
Licensing boards
Educational institutions (with consent)
General public (access to limited information)

Under the West Virginia Criminal History Record Information Act, certain entities may have access to complete criminal history information for specific purposes, such as:

Screening employees who work with vulnerable populations
Licensing for certain professions
National security clearances
Immigration and naturalization proceedings

The general public typically has access only to conviction information and current incarcerations, rather than complete arrest histories.

Are There Fees for Obtaining Arrest Records in West Virginia?

Yes, West Virginia charges fees for accessing arrest records and criminal history information. These fees help cover the administrative costs of maintaining and providing access to these records.

Current fee structure (as of 2025):

State Criminal History Check - $20.00 State Criminal History Check with Fingerprints - $35.00 FBI Criminal History Check (additional) - $18.00 Certified Court Records - $5.00-$10.00 per document Copy of Incident/Arrest Report - $10.00-$25.00 (varies by agency) Expedited Processing - Additional $10.00

Fee waivers or reductions may be available for:

Indigent individuals
Nonprofit organizations
Certain volunteer positions
Governmental agencies

Payment methods typically include:

Cash (in-person only)
Check or money order
Credit/debit cards (where available)
Online payment systems (for certain services)

Always verify current fees before submitting a request, as they are subject to change.

How Long Are Arrest Records Kept in West Virginia

West Virginia maintains arrest records for extended periods, often permanently. The retention schedule varies based on the type of offense and the outcome of the case:

Felony arrests: Maintained permanently in the state's criminal history database
Misdemeanor arrests: Generally kept for at least 10 years
Arrests without prosecution: May be maintained for 3-5 years before eligibility for expungement
Juvenile records: Typically sealed when the individual reaches 18, with exceptions for serious offenses

The West Virginia State Police maintains the central repository for criminal history information, including arrest records, in accordance with the West Virginia Criminal Identification Bureau Act.

Even when records are eligible for expungement or sealing, they may still exist in various databases and systems. Complete removal from all systems is difficult to achieve, particularly if the information has been shared with federal databases or private information vendors.

What Information Is Redacted or Restricted in West Virginia Arrest Records?

When arrest records are released to the public or unauthorized requestors, certain sensitive information is typically redacted or restricted to protect privacy and prevent identity theft. Information commonly redacted includes:

Social Security numbers
Driver's license numbers
Financial account information
Medical information
Information about victims of sexual offenses
Information about juvenile offenders (unless tried as adults)
Information about ongoing investigations
Information that could compromise witness safety
Home addresses and phone numbers of law enforcement officers
Information sealed by court order

Additionally, certain types of records receive special protection:

Juvenile arrest records (generally sealed)
Arrests for domestic violence (victim information protected)
Sexual offense arrests (victim information protected)
Arrests related to mental health commitments
Expunged or sealed records

These redactions are governed by the West Virginia Freedom of Information Act and related privacy laws.

How To Seal or Destroy Arrest Records in West Virginia

West Virginia law provides mechanisms for sealing or expunging arrest records under certain circumstances. The process generally follows these steps:

Determine eligibility: In West Virginia, expungement may be available for:
- Arrests that did not lead to charges
- Charges that were dismissed
- Cases resulting in acquittal
- Certain misdemeanor convictions after a waiting period
- Some non-violent felonies (under specific circumstances)
File a petition: Submit an expungement petition to the court where the case was handled. The petition must include:
- Complete criminal history
- Certified copies of relevant court documents
- Filing fee (approximately $200, though fee waivers may be available)
Notification: The prosecutor's office will be notified and given an opportunity to object.
Hearing: The court may schedule a hearing to determine if expungement is appropriate.
Court order: If approved, the court will issue an order directing all relevant agencies to seal or expunge the records.

The legal basis for expungement in West Virginia is found in WV Code §61-11-25 (for misdemeanors) and WV Code §61-11-26 (for certain felonies).

It's highly recommended to consult with an attorney when pursuing expungement, as the process can be complex and requirements strict.

What Are the Limitations on the Use of Arrest Records in West Virginia?

West Virginia law places several restrictions on how arrest records can be used, particularly in employment and housing contexts:

Employment Limitations:
- Employers cannot ask about arrests that did not lead to convictions
- Public employers are generally restricted from considering arrests without convictions
- The West Virginia Human Rights Act prohibits discrimination based solely on arrest records
Housing Limitations:
- Public housing authorities have specific guidelines for using criminal history
- Private landlords must ensure screening policies do not have a disparate impact on protected classes
General Prohibitions:
- Using arrest records to harass or intimidate individuals
- Publishing arrest information for commercial gain without legitimate purpose
- Discriminating based solely on arrest records without convictions
Ban the Box Provisions:
- Some West Virginia municipalities have adopted "ban the box" policies that delay criminal history inquiries until later in the hiring process

Violations of these limitations may result in civil liability under various state and federal laws, including the Fair Credit Reporting Act.

Lookup Arrest Records in West Virginia

State Repository for Criminal History Records

West Virginia State Police, Criminal Records Section
725 Jefferson Road
South Charleston, WV 25309
(304) 746-2100
West Virginia State Police

State Department of Corrections

West Virginia Division of Corrections and Rehabilitation
1409 Greenbrier Street
Charleston, WV 25311
(304) 558-2036
WV Division of Corrections and Rehabilitation

State Court System

West Virginia Supreme Court of Appeals
State Capitol, Room E-100
1900 Kanawha Boulevard East
Charleston, WV 25305
(304) 558-2601
West Virginia Judiciary

Attorney General's Office

West Virginia Attorney General's Office
State Capitol Complex, Building 1, Room E-26
Charleston, WV 25305
(304) 558-2021
WV Attorney General

County Sheriff's Offices

Kanawha County Sheriff's Office
301 Virginia Street East
Charleston, WV 25301
(304) 357-0169
Kanawha County Sheriff
Cabell County Sheriff's Office
750 5th Avenue
Huntington, WV 25701
(304) 526-8663
Cabell County Sheriff
Berkeley County Sheriff's Office
510 South Raleigh Street
Martinsburg, WV 25401
(304) 267-7000
Berkeley County Sheriff
Wood County Sheriff's Office
401 2nd Street
Parkersburg, WV 26101
(304) 424-1834
Wood County Sheriff
Monongalia County Sheriff's Office
243 High Street
Morgantown, WV 26505
(304) 291-7260
Monongalia County Sheriff
Harrison County Sheriff's Office
301 West Main Street
Clarksburg, WV 26301
(304) 624-8550
Harrison County Sheriff
Raleigh County Sheriff's Office
215 Main Street
Beckley, WV 25801
(304) 255-9300
Raleigh County Sheriff
Putnam County Sheriff's Office
236 Courthouse Drive
Winfield, WV 25213
(304) 586-0256
Putnam County Sheriff
Jefferson County Sheriff's Office
102 Industrial Boulevard
Kearneysville, WV 25430
(304) 728-3205
Jefferson County Sheriff
Ohio County Sheriff's Office
51 16th Street
Wheeling, WV 26003
(304) 234-3680
Ohio County Sheriff

Municipal Police Departments

Charleston Police Department
501 Virginia Street East
Charleston, WV 25301
(304) 348-8111
Charleston Police Department
Huntington Police Department
675 10th Street
Huntington, WV 25701
(304) 696-4470
Huntington Police Department
Morgantown Police Department
300 Spruce Street
Morgantown, WV 26505
(304) 284-7522
Morgantown Police Department
Parkersburg Police Department
1 Government Square
Parkersburg, WV 26101
(304) 424-8444
Parkersburg Police Department
Wheeling Police Department
1500 Chapline Street
Wheeling, WV 26003
(304) 234-3664
Wheeling Police Department

Federal Agencies Operating in West Virginia

Federal Bureau of Investigation (FBI) - Pittsburgh Field Office
3311 East Carson Street
Pittsburgh, PA 15203
(412) 432-4000
FBI Pittsburgh

U.S. Marshals Service - Northern District of West Virginia
500 West Pike Street, Suite 300
Clarksburg, WV 26301
(304) 623-0486
U.S. Marshals Service

U.S. Marshals Service - Southern District of West Virginia
300 Virginia Street East, Room 2400
Charleston, WV 25301
(304) 347-5136
U.S. Marshals Service

U.S. Courts – PACER (Public Access to Court Electronic Records)
Online access to federal court records
(800) 676-6856
PACER