Martinsburg Arrest Records
Are Arrest Records Public in Martinsburg, West Virginia?
Arrest records in Martinsburg, West Virginia are classified as public documents pursuant to the West Virginia Freedom of Information Act (FOIA), codified under W. Va. Code § 29B-1-1 et seq. This legislation establishes the presumption that government records, including those pertaining to arrests made by law enforcement agencies within Berkeley County jurisdiction, shall be accessible to members of the public unless specifically exempted by statute. The West Virginia FOIA operates under the principle that transparency in governmental operations serves the public interest and promotes accountability among public officials and agencies.
Certain exceptions to public disclosure may apply in cases involving ongoing investigations, juvenile records, or where disclosure would constitute an unwarranted invasion of personal privacy as determined by W. Va. Code § 29B-1-4. Additionally, records that have been ordered sealed by a court of competent jurisdiction are not available for public inspection. Individuals seeking access to arrest records should be aware that while the information is generally public, specific components may be redacted in accordance with applicable exemptions under state law.
How to Look Up Martinsburg Arrest Records in 2025
Members of the public seeking to obtain arrest records in Martinsburg have multiple avenues available for accessing this information. The following methods are authorized under West Virginia public records statutes:
In-Person Requests at Law Enforcement Agencies: Individuals may submit requests directly to the Martinsburg Police Department located at 232 N. Queen Street, Martinsburg, WV 25401 (304-264-2100) during regular business hours (Monday-Friday, 8:00 AM - 5:00 PM). Similarly, the Berkeley County Sheriff's Department at 510 S. Raleigh Street, Martinsburg, WV 25401 (304-267-7000) maintains arrest records for the county jurisdiction. Requestors should be prepared to provide identifying information about the subject of the search and may be required to complete a formal request form.
Berkeley County Circuit Clerk's Office: Court records related to arrests may be accessed at the Berkeley County Circuit Clerk's Office, located at 380 W. South Street, Suite 2200, Martinsburg, WV 25401 (304-264-1918). Operating hours are Monday through Friday, 9:00 AM to 5:00 PM. The West Virginia Judiciary maintains oversight of these records.
Online Resources: The West Virginia Regional Jail Authority maintains an inmate search function that includes recent arrest information. Additionally, the Martinsburg Police Department website provides limited information regarding recent arrests through their press release section.
Third-Party Aggregators: Commercial services compile public records from multiple jurisdictions, though users should note that these services may charge fees and cannot guarantee complete accuracy or timeliness of information. Such services are not officially endorsed by Martinsburg municipal authorities.
Pursuant to W. Va. Code § 29B-1-3, agencies may assess reasonable fees for the reproduction of records. These fees are established to cover the actual cost of reproduction and do not include charges for the time spent searching for or reviewing the records.
Contents of a Martinsburg Arrest Record
Martinsburg arrest records typically contain standardized information as prescribed by West Virginia law enforcement protocols. These documents generally include the following elements:
Biographical Information: Full legal name of the arrested individual, known aliases, date of birth, physical description, and residential address at time of arrest.
Arrest Details: Date, time, and location of the arrest; name and badge number of the arresting officer(s); and the law enforcement agency responsible for the arrest.
Criminal Charges: Specific statutory violations alleged, including West Virginia Code references and classification of offenses as misdemeanors or felonies.
Booking Information: Booking number, fingerprint records, and mugshot photographs taken during processing at the Eastern Regional Jail facility.
Case Disposition: Initial appearance information, preliminary hearing dates, bail or bond determinations, and court docket numbers for associated criminal proceedings.
Custody Status: Information regarding release on recognizance, bail amount, or continued detention pending further proceedings.
It should be noted that pursuant to W. Va. Code § 49-5-101, records pertaining to juvenile arrests (individuals under 18 years of age) are subject to stricter confidentiality provisions and are generally not available through standard public records requests unless specifically authorized by court order.
Expungement of Arrest Records in Martinsburg
The State of West Virginia provides statutory mechanisms for the expungement of certain arrest records under specific circumstances as outlined in W. Va. Code § 61-11-25 and § 61-11-26. Expungement refers to the legal process whereby records of arrest are sealed from public access or, in some cases, physically destroyed. In Martinsburg, this process is administered through the Berkeley County Circuit Court.
Eligibility criteria for expungement in Martinsburg 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 where the individual has successfully completed a court-ordered rehabilitation program
The expungement process requires petitioners to file formal documentation with the Berkeley County Circuit Court, located at 380 W. South Street, Suite 2200, Martinsburg, WV 25401. Required forms may be obtained from the Circuit Clerk's office or through the West Virginia Judiciary court forms portal. Filing fees apply, though fee waivers may be available for qualifying individuals based on financial hardship.
Upon receipt of a properly filed petition, the court will schedule a hearing date. Notice of the hearing must be served upon the prosecuting attorney and any law enforcement agencies involved in the original arrest. The prosecuting attorney has the right to file objections to the petition prior to the hearing date.
If granted, an order of expungement directs all relevant agencies to seal or destroy records pertaining to the arrest. However, certain governmental entities may retain access to expunged records for limited purposes, including law enforcement investigations and judicial proceedings where the information may be relevant.
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