West Virginia Public Records

West Virginia public records are documents and information created or held by government agencies in the course of official functions. West Virginia is committed to retaining public records firmly embedded in the West Virginia Freedom of Information Act (FOIA). This legislation mandates state and local governmental bodies to compile and safeguard records related to their official functions. Moreover, the FOIA obligates these entities to disclose non-exempt records upon public request per the stipulations outlined in the legislation. The significance of public records is paramount to the administration in West Virginia, serving as a cornerstone for transparency, accountability, and well-informed decision-making in governance. These records facilitate public scrutiny, safeguard individual rights, and contribute to the preservation of historical documentation and support for legal processes.

Are West Virginia Records Public?

Yes. According to the West Virginia Freedom of Information Act (FOIA), public records are accessible for inspection or copying upon request to the custodian unless specifically exempt. Regardless of the broad nature of the FOIA, some records are exempt from public access and inspection. Below are some exempted records according to W. Va. Code § 29B-1-4(a):

National security records;
Facility security codes and applications;
Information specifically exempted by statute;
Vulnerability assessments and response plans;
Engineering plans of public utility plants and equipment;
Private information kept in personal, medical, or similar files
Examination confidentiality (test questions, scoring keys, and examination data);
Trade secrets (confidential formulas and information within commercial entities);
Financial institution regulation records related to the detection and investigation of crime;
Law enforcement records (confidential records and internal notations for law enforcement use);
Intelligence and investigative records (dealing with terrorist acts or threats shared between agencies);
Computing and network security records (passwords, security codes, or programs related to terrorism);
Architectural or infrastructure designs (showing the location or layout of facilities related to terrorism);
Corrections, jail, and detention facility records (design, policy directives, and operational procedures);
Protection of historic sites and gifts (records describing historic, prehistoric, and archaeological sites);
Terrorism prevention records (assembled, prepared, or maintained for preventing, mitigating, or responding to terrorist acts);

West Virginia Public Records Act

The West Virginia Freedom of Information Act (FOIA) was established explicitly to offer comprehensive information to all individuals regarding government operations and the actions of public officials. The law may keep the public informed and in control, and its provisions should be interpreted liberally to fulfill that objective. It seeks to balance privacy rights with the public's need for information. Requesters can secure public records by contacting the relevant record custodian and adhering to the established request procedure.

According to West Virginia Code § 29B-1-2, a public record can be in the form of photographs, books, maps, cards, papers, tapes, or recordings, irrespective of their physical form or characteristics. Some examples of records that fall under the West Virginia FOIA include:

Criminal records and arrest logs
Marriage records (50 years or older)
Crime statistics and reports
Bankruptcy records
Business entity files
Inmate records
Registrant records
Property records
Driving records
Court records and case information

How Do I Find Public Records in West Virginia?

Following the guidelines of the West Virginia Freedom of Information Act (FOIA), state agencies must provide public access to public records to requesters in their judicial district. Interested parties can retrieve public records by following these steps:

**Identify the specific record and its custodian: **

The first step in accessing public records in West Virginia is deciding the exact record required and the specific government agency responsible for maintaining these records. Arrest records, court records, and property records are each maintained by different custodians. Hence, inquirers must first ascertain the entity in charge of their desired records.

Verify the availability of the record:

Upon ascertaining the right government agency in charge of the desired public record, contact the designated custodian by phone, mail, or in person to verify the availability of the sought-after record. This contact information is readily available on the official websites of these entities.

**Submit a public records request: **

Individuals can often submit public records requests in West Virginia by phone, mail, email, fax, or in person at the record custodian's office. Alternatively, requesters can complete a public records request form, usually available on the record custodian's website. Information pertaining to the desired record must be provided to process the request; this includes any relevant docket, page or case number, filing date(s), the record holder's name, and birth date (if applicable).

**Pay required fees: **

Upon submitting the request form, individuals may be required to pay fees for copies. Certain custodians might impose charges for searching the records. The costs fluctuate based on jurisdiction and the scope of the information sought.

Find West Virginia Public Records Free

In West Virginia, certain public records can be accessed for free by making in-person queries to the custodian's office or using their public access terminals and online databases. Government agencies provide free access to specific information, promoting transparency and public awareness. Some examples include:

The Division of Corrections and Rehabilitation grants free access to inmate information through its online inmate search tool;
The WV Statistical Analysis Center provides information on criminal statistics for free on its website;
Bankruptcy records can be viewed for free at public access terminals at the Martinsburg district court clerk's office and the Wheeling and Clarksburg bankruptcy clerk's offices.

What Happens if I Am Refused a Public Records Request?

When a request for public records is rejected, the government agency typically provides a written explanation detailing the reasons for the denial. Per West Virginia Code §29B-1-5, the requester denied access to public records can file an injunctive or declaratory relief in the county circuit court where the public record is maintained. If the public record was improperly withheld from the requester, the court would order the custodian to disseminate such records.

How Long Does It Take to Obtain a West Virginia Public Record?

In compliance with the West Virginia FOIA (§29B-1-3(d)), the custodian of the requested record must respond within 5 days of receiving a public record request (excluding weekends and holidays). The response may involve furnishing copies, specifying inspection details, or providing a written denial with reasons. A denial grants the requestor the option to seek legal relief.