Mercer County, West Virginia Arrest Records
Are Arrest Records Public in Mercer County, West Virginia?
Arrest records in Mercer County, West Virginia are public documents accessible to all citizens pursuant to the West Virginia Freedom of Information Act (WVFOIA), codified in W. Va. Code § 29B-1-1 et seq. This statute establishes the public's right to inspect and copy records maintained by public bodies, including law enforcement agencies operating within Mercer County. The WVFOIA serves as the legal foundation ensuring governmental transparency and accountability by providing citizens with access to arrest information.
Public access to arrest records is subject to certain statutory exemptions outlined in W. Va. Code § 29B-1-4, which may restrict access to information that could compromise ongoing investigations, violate personal privacy in specific circumstances, or jeopardize public safety. Notwithstanding these limited exceptions, the majority of arrest record information remains accessible to the public.
The Mercer County Sheriff's Office maintains these records in accordance with state retention schedules established by the West Virginia State Archives and History Commission. Members of the public seeking arrest records may submit requests directly to the records custodian at the appropriate law enforcement agency.
Can Arrest Records be Found Online in Mercer County?
Arrest records for Mercer County are available through several online platforms maintained by state and county agencies. The West Virginia Regional Jail & Correctional Facility Authority maintains a searchable database of current inmates, including those arrested in Mercer County. This database is updated daily and provides basic information regarding individuals currently in custody.
The West Virginia Judiciary has implemented an electronic case management system that allows public access to court records associated with arrests. The Magistrate Court Record Search system permits users to search for cases by name, case number, or other identifiers. This system includes records of initial appearances following arrests and subsequent court proceedings.
Online access to arrest records is governed by West Virginia Supreme Court Administrative Rule 40, which establishes guidelines for public access to court records. While the rule promotes transparency, certain information may be redacted in accordance with privacy protections established by state law.
Users of online systems should note that digital records may not contain complete arrest histories, as some older records may not have been digitized. Additionally, pursuant to W. Va. Code § 15-2C-1, certain arrest information related to protected individuals may be restricted from online access.
How to Look Up Mercer County Arrest Records in 2025
Members of the public seeking Mercer County arrest records in 2025 may utilize multiple methods to obtain this information. The following options are available for conducting arrest record searches:
In-Person Requests: Individuals may visit the Mercer County Sheriff's Office located at 1501 West Main Street, Princeton, WV 24740. Office hours are Monday through Friday, 8:30 AM to 4:30 PM. Records requests require proper identification and completion of a standard request form.
Online Database Searches: The West Virginia Regional Jail & Correctional Facility Authority maintains a searchable database of current inmates. Additionally, the West Virginia Judiciary's Magistrate Record Search provides access to court records associated with arrests.
Written Requests: Written requests may be submitted to the Mercer County Sheriff's Office Records Division at P.O. Box 480, Princeton, WV 24740. Requests must include the subject's full name, date of birth, and approximate date of arrest. A processing fee of $10.00 per record is required, payable by check or money order.
Mercer County Circuit Clerk's Office: Court records related to arrests may be obtained from the Circuit Clerk's Office located at 1501 Main Street, Suite 202, Princeton, WV 24740. The office is open Monday through Friday, 8:30 AM to 4:30 PM, and can be reached at (304) 487-8325.
Pursuant to W. Va. Code § 29B-1-3(5), agencies must respond to records requests within five business days. Requestors should be prepared to pay applicable fees for document reproduction as authorized by W. Va. Code § 29B-1-3(5)(a).
Contents of a Mercer County Arrest Record
Mercer County arrest records contain standardized information as prescribed by the West Virginia Criminal Justice Information System, established under W. Va. Code § 15-2-24. A typical arrest record includes the following components:
Biographical Information: Full legal name, aliases, date of birth, physical description (height, weight, identifying marks), and address of the arrested individual.
Arrest Details: Date, time, and location of 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 citations and charge classifications (misdemeanor or felony).
Case Processing Information: Booking number, fingerprint identification number, court case number, and initial appearance details.
Bail/Bond Information: Amount set, type (personal recognizance, surety, cash), and status (posted or not posted).
Custody Status: Current detention location or release information.
Photograph: Booking photograph ("mugshot") taken at the time of processing.
It should be noted that pursuant to W. Va. Code § 61-11-26, records pertaining to expunged arrests will not appear in standard arrest record searches. Additionally, juvenile arrest records are generally confidential under W. Va. Code § 49-5-101, except in specific circumstances involving violent offenses.
Expungement of Arrest Records in Mercer County
The expungement of arrest records in Mercer County is governed by W. Va. Code § 61-11-25 and § 61-11-26, which establish procedures for the removal of arrest information from public access under qualifying circumstances. Individuals may petition for expungement when:
- Charges have been dismissed or the individual has been acquitted at trial.
- No charges were filed within the applicable statute of limitations following arrest.
- The individual has successfully completed a pre-trial diversion program.
- The individual has received a pardon for the offense.
The expungement process requires filing a petition with the Mercer County Circuit Court, located at 1501 Main Street, Princeton, WV 24740. Petitioners must submit fingerprints for a background check and pay applicable filing fees. The West Virginia State Police and prosecuting attorney have 30 days to file objections to the petition.
Upon granting an expungement order, the court directs all agencies possessing arrest records to seal those records. Pursuant to W. Va. Code § 61-11-26(k), expunged records remain accessible to law enforcement agencies for limited purposes but are removed from public access.
Certain offenses are ineligible for expungement under West Virginia law, including most violent felonies, sexual offenses, offenses against minors, and driving under the influence. Additionally, individuals with certain prior criminal histories may be disqualified from the expungement process.
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