Arrest records are public documents in Morgantown, West Virginia, pursuant to the West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.). This statute establishes that all public records maintained by government agencies, including law enforcement entities, shall be accessible to the public unless specifically exempted by law. Arrest records fall under the category of public records to ensure transparency in law enforcement operations and to maintain accountability within the criminal justice system. The West Virginia Supreme Court has consistently upheld the public's right to access these records as fundamental to government oversight and transparency.
Members of the public should note that while arrest records are generally accessible, certain information within these records may be redacted to protect ongoing investigations, confidential informants, or juvenile information pursuant to W. Va. Code § 49-5-101.
Multiple official channels exist through which members of the public may access arrest records in Morgantown. The West Virginia Public Records Act guarantees citizens the right to inspect these documents through the following methods:
In-Person Requests at Law Enforcement Agencies: Citizens may submit formal requests for arrest records at the Morgantown Police Department located at 300 Spruce Street, Morgantown, WV 26505. Office hours are Monday through Friday, 8:00 AM to 5:00 PM. Requestors must complete a public records request form and may be required to present identification.
Monongalia County Sheriff's Office: The Sheriff's Office maintains county-wide arrest records and booking information. Their office is located at 116 Walnut Street, Morgantown, WV 26505. Records requests can be submitted during business hours, Monday through Friday, 8:30 AM to 4:30 PM. The office can be reached at (304) 291-7260.
Morgantown Municipal Court: Court records related to arrests within city jurisdiction can be accessed at the Municipal Court located at 300 Spruce Street, Morgantown, WV 26505. The court operates Monday through Friday from 8:00 AM to 5:00 PM and can be reached at (304) 284-7497.
Online Access Systems: The West Virginia Regional Jail Authority maintains a limited inmate search function for recently booked individuals. This system is accessible 24 hours per day and provides basic booking information.
Written Requests: Pursuant to W. Va. Code § 29B-1-3, citizens may submit written requests for arrest records to the appropriate agency. Agencies must respond to such requests within five business days.
Requestors should be prepared to provide specific information to facilitate record searches, including the full name of the subject, approximate date of arrest, and any other identifying information. Fees for copies of records may apply in accordance with W. Va. Code § 29B-1-3(5).
Arrest records maintained by Morgantown law enforcement agencies typically contain the following standardized information as required by West Virginia state law and departmental policies:
Biographical Information: Full legal name of the arrested individual, date of birth, physical description, and any known aliases or previous identities.
Arrest Details: Date, time, and specific location of the arrest, including address or GPS coordinates where the apprehension occurred.
Jurisdictional Information: The specific law enforcement agency that executed the arrest, including officer identification numbers and badge numbers.
Criminal Charges: Complete listing of all charges filed, including the specific West Virginia Code sections alleged to have been violated, and whether charges are misdemeanors or felonies.
Booking Documentation: Mugshot photographs taken from multiple angles, fingerprint records, and unique booking identification numbers assigned to the case.
Detention Information: Details regarding bail or bond amounts set, conditions of release if applicable, and initial court appearance scheduling.
Case Disposition: Current status of the case within the criminal justice system, including whether the individual remains in custody.
Prior Criminal History: References to previous arrests or convictions may be included if relevant to the current charges or bail determination.
It should be noted that pursuant to W. Va. Code § 61-11-26, certain sensitive information such as Social Security numbers, medical information, and information pertaining to victims is typically redacted from public versions of arrest records to protect privacy rights while maintaining public access to essential information.
The expungement process in Morgantown follows West Virginia state law as codified in W. Va. Code § 61-11-25 and § 61-11-26. Eligible individuals may petition to have arrest records sealed from public view under specific circumstances. The following conditions generally apply to expungement eligibility:
Non-Conviction Expungements: Individuals arrested but not subsequently convicted may petition for expungement one year after the date of arrest, provided the case was dismissed or resulted in acquittal.
Misdemeanor Expungements: Persons convicted of certain misdemeanors may petition for expungement one year after completing all terms of their sentence, including probation, fines, and restitution.
Diversion Program Completions: Individuals who successfully complete pretrial diversion programs, drug court, or other alternative disposition programs may be eligible for immediate expungement upon program completion.
Nonviolent Felony Expungements: Pursuant to W. Va. Code § 61-11-26a, certain nonviolent felony convictions may be eligible for expungement five years after sentence completion.
The expungement process requires filing a formal petition with the Monongalia County Circuit Court at 75 High Street, Morgantown, WV 26505. Petitioners must provide certified documentation of case disposition, criminal background checks, and payment of filing fees (currently $200 for most petitions). The prosecuting attorney's office receives notification of all expungement petitions and may file objections within 30 days.
Upon court approval of an expungement petition, all records pertaining to the arrest are sealed from public view, and the individual may legally deny the occurrence of the arrest except in specific circumstances outlined in W. Va. Code § 61-11-25(f).