Arrest records in Monongalia County, West Virginia are public documents accessible to all citizens pursuant to the West Virginia Freedom of Information Act (WVFOIA), W. Va. Code § 29B-1-1 et seq. This legislation establishes the public's right to inspect and copy public records maintained by governmental bodies within the state. The West Virginia Supreme Court of Appeals has consistently upheld that arrest records fall within the definition of public records as they document official actions taken by law enforcement agencies in the performance of their duties.
The WVFOIA operates under the presumption that all records are public unless specifically exempted by statute. While certain personal identifying information may be redacted to protect privacy interests, the fundamental details of an arrest—including the name of the arrested individual, charges filed, and date of arrest—remain accessible to the public. This transparency serves the public interest by allowing citizens to monitor the activities of law enforcement agencies and the criminal justice system within Monongalia County.
Exceptions to public disclosure may apply in limited circumstances, such as:
Monongalia County provides digital access to certain arrest records through several authorized online platforms. The West Virginia Regional Jail & Correctional Facility Authority maintains a searchable database of current inmates, including those arrested in Monongalia County. This inmate search system allows members of the public to verify custody status and basic case information.
The West Virginia Judiciary has implemented a Magistrate Case Record Search system that provides limited information about criminal cases initiated following arrests. This system operates under the authority of the Supreme Court of Appeals of West Virginia and includes records from Monongalia County Magistrate Court.
Online access to arrest records is subject to the following limitations:
Pursuant to W. Va. Code § 51-4-2, the clerks of courts are the official custodians of court records, including those related to arrests that proceed to court action. While online resources provide convenience, they do not replace the official records maintained by county offices.
Members of the public seeking Monongalia County arrest records may utilize several official channels to obtain this information. The primary methods for accessing these records include:
Monongalia County Sheriff's Department
243 High Street
Morgantown, WV 26505
(304) 291-7260
Monongalia County Sheriff's Office
Morgantown Police Department
300 Spruce Street
Morgantown, WV 26505
(304) 284-7522
Morgantown Police Department
Monongalia County Magistrate Court
75 High Street
Morgantown, WV 26505
(304) 291-7230
Requestors should be prepared to provide specific information to facilitate record searches, including:
Pursuant to W. Va. Code § 29B-1-3(5), agencies may assess reasonable fees for the actual cost of reproduction of records. Payment methods vary by agency but typically include cash, certified checks, or money orders.
Arrest records maintained by Monongalia County law enforcement agencies contain standardized information as prescribed by West Virginia state law and departmental policies. These records typically include the following components:
The West Virginia Criminal Identification Bureau, operating under the authority of W. Va. Code § 15-2-24, establishes standards for the collection and maintenance of arrest data. These standards ensure uniformity in record-keeping practices across jurisdictions within the state, including Monongalia County.
Law enforcement agencies are required to distinguish between arrest records and criminal history records. While arrest records document a specific incident, criminal history records compile an individual's interactions with the criminal justice system over time. Access to comprehensive criminal history information may be subject to additional restrictions and typically requires fingerprint-based verification through the West Virginia State Police.
The West Virginia Legislature has established statutory provisions allowing for the expungement of certain arrest records under specific circumstances. Pursuant to W. Va. Code § 61-11-25 and § 61-11-26, individuals may petition for expungement in Monongalia County if they meet eligibility requirements.
Expungement eligibility generally applies to the following scenarios:
The expungement process in Monongalia County requires petitioners to:
Monongalia County Circuit Court
75 High Street, Room 317
Morgantown, WV 26505
(304) 291-7230
Upon granting an expungement, the court issues an order directing all relevant agencies to seal the records from public view. Expunged records remain accessible to law enforcement agencies and certain governmental entities for limited purposes as specified in W. Va. Code § 61-11-26(k).
The West Virginia Legislature amended expungement statutes in 2020 and 2023, expanding eligibility for certain offenses and streamlining procedures. Petitioners are advised to consult current statutory provisions or legal counsel to determine specific eligibility criteria applicable to their circumstances.