Berkeley County, West Virginia Arrest Records
Are Arrest Records Public in Berkeley County, West Virginia?
Arrest records are public documents in Berkeley County, West Virginia, pursuant to the West Virginia Freedom of Information Act (FOIA) codified in W. Va. Code § 29B-1-1 et seq. This legislation establishes the public's right to access government records, including those pertaining to arrests made within county jurisdiction. The Berkeley County Sheriff's Office and the Berkeley County Circuit Clerk maintain these records as part of their statutory obligations to document law enforcement activities and judicial proceedings.
Public access to arrest records serves multiple governmental and societal functions:
• Promotes transparency in the criminal justice system • Enables citizens to monitor law enforcement activities • Facilitates background checks for employment and housing • Provides statistical data for policy development and research • Ensures accountability of public officials and agencies
Certain information within arrest records may be redacted or restricted if disclosure would constitute an unwarranted invasion of privacy, compromise an ongoing investigation, or endanger an individual's safety, as provided under W. Va. Code § 29B-1-4.
Can Arrest Records be Found Online in Berkeley County?
Berkeley County arrest records are accessible through several online platforms maintained by state and county agencies. The West Virginia Regional Jail and Correctional Facility Authority provides a searchable database of current inmates through their Offender Information System. This system allows members of the public to search for individuals currently incarcerated in Berkeley County facilities.
The West Virginia Judiciary has implemented digital access to court records through the Magistrate Case Record Search system, which includes information on criminal cases resulting from arrests in Berkeley County. Users should note that pursuant to W. Va. Code § 50-3-2a, these online records may not contain all details available in the full court file.
Online access limitations include:
• Records may not be updated in real-time • Juvenile records are generally not available online • Expunged or sealed records will not appear in public searches • Some case details may require in-person requests at the courthouse
The Berkeley County Circuit Clerk's Office maintains the official repository of court records related to arrests and subsequent proceedings in accordance with W. Va. Code § 51-4-3.
How to Look Up Berkeley County Arrest Records in 2025
Members of the public seeking Berkeley County arrest records in 2025 may utilize several official channels to obtain this information. The following procedures have been established to facilitate public access while maintaining record integrity:
In-Person Requests:
The Berkeley County Circuit Clerk's Office processes requests for arrest records and related court documents. Requestors must complete a public records request form and may be required to present identification.
Berkeley County Circuit Clerk
380 West South Street, Suite 2200
Martinsburg, WV 25401
(304) 264-1918
Berkeley County Circuit Clerk's Office
Operating hours: Monday through Friday, 9:00 AM to 5:00 PM, excluding legal holidays.
Berkeley County Sheriff's Office
510 South Raleigh Street
Martinsburg, WV 25401
(304) 267-7000
Berkeley County Sheriff's Office
Online Access Methods:
• The West Virginia Judiciary's Magistrate Record Search provides case information for arrests processed through the county magistrate courts.
• The Regional Jail Authority's Inmate Search allows users to verify current incarceration status of individuals arrested in Berkeley County.
• Berkeley County Court Records portal offers a consolidated interface for accessing various public records.
Pursuant to W. Va. Code § 59-1-11, fees may apply for copies of records, with standard document reproduction charges of $1.00 per page for the first five pages and $0.50 for each additional page.
Contents of a Berkeley County Arrest Record
Berkeley County arrest records contain standardized information as mandated by West Virginia law enforcement protocols and judicial requirements. These documents serve as the official record of an individual's encounter with law enforcement and subsequent processing through the criminal justice system. Pursuant to W. Va. Code § 15-2-24, arrest records must include specific elements to ensure proper documentation and identification.
Standard components of Berkeley County arrest records include:
• Biographical Information: Full legal name, known aliases, date of birth, gender, race, height, weight, and residential address of the arrested individual
• Arrest Details: Date, time, and location of arrest; arresting agency; name and badge number of arresting officer(s); and legal authority for the arrest (warrant number or probable cause determination)
• Criminal Charges: Specific violations of West Virginia Code or local ordinances; classification of offenses (felony or misdemeanor); and statutory citations
• Processing Information: Booking number, fingerprint classification, and photographic identification (mugshot) taken at the Eastern Regional Jail and Corrections Facility located at 94 Grapevine Road, Martinsburg, WV 25405
• Case Disposition: Initial appearance information, bail determination, preliminary hearing results, and case status
• Court Information: Assigned court, docket number, scheduled appearances, and judicial officer presiding over the case
Certain sensitive information may be redacted from public versions of arrest records, including Social Security numbers, medical information, and details pertaining to confidential informants or ongoing investigations, in accordance with W. Va. Code § 29B-1-4.
Expungement of Arrest Records in Berkeley County
The expungement process in Berkeley County provides eligible individuals with a legal mechanism to remove arrest records from public access. West Virginia law establishes specific criteria and procedures for expungement through W. Va. Code § 61-11-26 and § 61-11-26a, which govern the removal of criminal records from public view.
Eligibility requirements for expungement in Berkeley County include:
• Cases resulting in dismissal or acquittal • Non-violent misdemeanor convictions after a waiting period (typically one year) • Certain felony convictions after a five-year waiting period • First-time drug possession offenses under specific circumstances • Juvenile records upon reaching adulthood (with exceptions)
The expungement procedure requires petitioners to:
- File a Petition for Expungement with the Berkeley County Circuit Court
- Pay the required filing fee (currently $200 as of 2025)
- Submit to a criminal background check conducted by the West Virginia State Police
- Attend a hearing before a Circuit Court Judge
- Receive a court order directing all relevant agencies to seal the records
Berkeley County Prosecuting Attorney's Office
380 West South Street, Suite 1100
Martinsburg, WV 25401
(304) 264-1971
Berkeley County Prosecutor
Upon successful expungement, records are sealed from public view but remain accessible to law enforcement agencies and certain governmental entities under limited circumstances as specified in W. Va. Code § 61-11-26(k). Expunged records do not appear in standard background checks, and individuals may legally deny the existence of expunged arrests in most contexts.
Search Arrest Records in Berkeley County
