West Virginia Arrest Records

Is West Virginia an Open Arrest Records State?

West Virginia is classified as an open arrest records state pursuant to the West Virginia Freedom of Information Act (FOIA), W. Va. Code § 29B-1-1 et seq. This designation means that members of the public have the legal right to access arrest records maintained by state and local law enforcement agencies. The West Virginia FOIA establishes that public records, including arrest documentation, shall be accessible for inspection by any person, with certain statutory exceptions designed to protect ongoing investigations, personal privacy, and public safety.

The state's commitment to transparency in law enforcement operations is further reinforced by the West Virginia Supreme Court's interpretation of the FOIA, which has consistently upheld the public's right to access government records. Law enforcement agencies throughout the state are required to maintain these records in accordance with W. Va. Code § 15-2-24, which establishes standards for record retention and accessibility.

Public access to arrest records serves multiple civic functions, including enabling citizens to monitor law enforcement activities, supporting journalistic reporting on criminal justice matters, and facilitating background checks for employment and housing purposes. The availability of these records contributes to governmental accountability and supports informed civic participation.

How to Look Up West Virginia Arrest Records in 2025

The West Virginia State Police and county sheriff departments maintain comprehensive arrest record databases that are accessible through multiple channels. Individuals seeking arrest record information may utilize the following official methods:

Visit the West Virginia State Police Headquarters in person: West Virginia State Police 725 Jefferson Road South Charleston, WV 25309 (304) 746-2100 West Virginia State Police Hours: Monday-Friday, 8:30 AM - 4:30 PM
Contact the West Virginia Division of Corrections and Rehabilitation for inmate records and current incarceration status.
Access the West Virginia Judiciary's Magistrate Record Search for case information related to arrests.
Visit county sheriff offices, which maintain local arrest records. For example: Kanawha County Sheriff's Office 301 Virginia Street East Charleston, WV 25301 (304) 357-0169 Kanawha County Sheriff's Office Hours: Monday-Friday, 8:00 AM - 4:00 PM
Utilize public access terminals available at county courthouses and public libraries throughout the state.

Pursuant to W. Va. Code § 29B-1-3, requestors may be required to submit written requests for certain records and may be charged reasonable fees for document reproduction. Standard processing times range from 5-10 business days, though expedited service may be available for urgent requests.

Contents of a West Virginia Arrest Record

West Virginia arrest records are standardized documents containing comprehensive information about individuals who have been taken into custody by law enforcement agencies. In accordance with W. Va. Code § 15-2-24(d), these records typically include the following elements:

Full legal name and any known aliases of the arrested individual
Demographic information including date of birth, gender, race, and physical descriptors
Date, time, and location of the arrest
Arresting agency and officer identification
Statutory charges filed at the time of arrest, including citation of relevant West Virginia Code sections
Booking photographs (mugshots)
Fingerprint data and identification numbers
Bail or bond information, including amount set and conditions of release
Case disposition information, if available
Prior arrest history within the jurisdiction

The West Virginia State Police Criminal Records Section maintains the central repository for all arrest records in the state, as mandated by W. Va. Code § 15-2-24. This centralization ensures consistency in record format and content across jurisdictions, facilitating efficient information sharing between law enforcement agencies and courts.

Understanding the West Virginia Open Records Act

The West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.) establishes the legal framework governing public access to government records, including arrest documentation. This statute codifies the presumption that government records are open to public inspection unless specifically exempted by law.

Key provisions of the West Virginia FOIA include:

Public bodies must respond to records requests within five business days (W. Va. Code § 29B-1-3(d))
Agencies may charge reasonable fees for document reproduction but not for record searches (W. Va. Code § 29B-1-3(e))
Requestors are not required to state the purpose of their request (W. Va. Code § 29B-1-3(a))
Denial of access must be accompanied by a written explanation citing specific statutory exemptions (W. Va. Code § 29B-1-3(d))

Exemptions relevant to arrest records are enumerated in W. Va. Code § 29B-1-4 and include:

Information that would interfere with active law enforcement proceedings
Records that would deprive a person of the right to a fair trial
Information that would constitute an unwarranted invasion of personal privacy
Records specifically exempted from disclosure by other statutes

The West Virginia Supreme Court has consistently interpreted these exemptions narrowly, emphasizing in Daily Gazette Co. v. West Virginia Development Office (198 W. Va. 563, 482 S.E.2d 180 (1996)) that "the disclosure provisions of this State's Freedom of Information Act are to be liberally construed, and the exemptions to such Act are to be strictly construed."

Expungement of Arrest Records in West Virginia

West Virginia law provides mechanisms for the expungement of certain arrest records under specific circumstances, as codified in W. Va. Code § 61-11-25 and § 61-11-26. Expungement removes arrest information from public access, though the records remain available to law enforcement agencies for official purposes.

Eligibility criteria for expungement include:

Cases resulting in acquittal or dismissal of all charges
Arrests that did not lead to formal charges within the statutory timeframe
Successful completion of pretrial diversion programs
Certain non-violent misdemeanor convictions after prescribed waiting periods
First-offense drug possession cases following successful completion of drug court or similar programs

The expungement process requires:

Filing a petition with the circuit court in the county where the arrest occurred
Payment of a $200 filing fee (which may be waived for indigent applicants)
Notification to the prosecuting attorney and law enforcement agencies
A hearing before a circuit court judge
Issuance of an expungement order if the petition is granted

The West Virginia State Police Records Division processes expungement orders at: West Virginia State Police Records Division 725 Jefferson Road South Charleston, WV 25309 (304) 746-2177 Hours: Monday-Friday, 8:30 AM - 4:30 PM

Pursuant to W. Va. Code § 61-11-26(k), individuals granted expungement may legally deny the existence of the expunged arrest in most circumstances, including employment applications.

How to Find Local Arrests in West Virginia?

Local arrest information in West Virginia is maintained by county and municipal law enforcement agencies and can be accessed through multiple channels. The West Virginia Code § 8-14-3 requires municipal police departments to maintain records of all arrests, while county sheriffs maintain similar records under W. Va. Code § 7-4-2.

Members of the public may obtain local arrest information through:

Daily booking reports available at county jails and detention centers
Public terminals at sheriff's offices and police departments
Online inmate lookup systems maintained by larger jurisdictions
Court dockets available through the West Virginia Magistrate Court Records Search
Local newspaper police blotters and crime reports

Major local resources include:

Charleston Police Department 601 Morris Street Charleston, WV 25301 (304) 348-8111 Hours: Records Division open Monday-Friday, 8:00 AM - 4:00 PM

Huntington Police Department 675 10th Street Huntington, WV 25701 (304) 696-4420 Hours: Records Division open Monday-Friday, 8:30 AM - 4:30 PM

Morgantown Police Department 300 Spruce Street Morgantown, WV 26505 (304) 284-7522 Hours: Records Division open Monday-Friday, 8:00 AM - 4:00 PM

The West Virginia Regional Jail Authority maintains a centralized inmate search database that provides information on individuals currently held in regional jails throughout the state.

Search Arrest Records in West Virginia

Counties

Berkeley Hardy Jackson Jefferson Kanawha Mercer Monongalia Morgan Putnam Raleigh Wood