West Virginia Arrest Records

West Virginia arrest records provide an official account of the apprehension and detention of persons on the basis of criminal involvement. These records are generated by State law enforcement agencies, such as the West Virginia State Police, County Sheriff's Offices, and City Police Departments after the alleged offender is taken into custody.

Arrest records typically contain vital information about an individual's arrest, such as the offender's name, race, the date and time, the arrest location, the charges filed against the individual, and the agency responsible for the arrest. These records provide an overview of a person's arrest and criminal history, which is particularly essential when making a preliminary assessment of an individual.

Are Arrest Records Public in West Virginia?

Yes, arrest records are public in West Virginia. According to the State's Freedom of Information Act (FOIA), all members of the public have the full legal right to access arrest records of all law enforcement agencies. However, the FOIA permits the exemption of certain arrest records from public access for various reasons. WV Code §29B-1-4–4 states that all law enforcement agencies in West Virginia concerned with investigating criminal activity can limit public access to their arrest records. In §29B-1-4-2, withholding arrest information from the public is equally permitted if their disclosure is likely to cause an unreasonable invasion of the privacy of the concerned individual.

How Do I Look Up Arrest Records in West Virginia?

A West Virginia arrest records lookup can be conducted via:

Local Law Enforcement Agencies

Interested persons can access arrest records through local agencies like the Office of the County Sheriff and the Police Department. Requests can be made by phone or in person during office hours. All in-person requesters must visit the offices with proper identification.

West Virginia State Police

At the state level, West Virginia arrest records can be accessed via a third-party vendor licensed by the West Virginia State Police (WVSP).To retrieve the required records, requesters must visit the website to schedule an in-person fingerprinting appointment at an enrollment center. The website provides:

• Useful information about locating the nearest enrollment center.
• The required documents to bring to the appointment.
• Managing the appointment after booking.

Inquirers who cannot visit the enrollment center may submit a fingerprint card by mail. To do this, requesters should select this option online and fill out the pre-enrollment information required. The printed pre-enrollment confirmation page and two fingerprint cards should be mailed to the following address:

IDEMA

ATTN: CARD SCAN

340 Seven Springs Way, Suite 220

Brentwood, TN 37072

A fee of $47.25 is required to facilitate the records search, while an additional fee of $35.95 is required for applications with fingerprinting done in any enrollment center outside West Virginia.

Requesters can also use the Criminal and Crash Report Request Form provided by the WVSP to retrieve arrest records. Completed forms should be sent to the following address:

*West Virginia State Police *

*Criminal Investigation Reports *

*701 Jefferson Road *

*South Charleston, WV 25309 *

*Phone: (304) 746-2499 *

*Fax: (304) 746-2437 *

Email: wvsp.cireports@wvsp.gov

Federal Bureau of Investigation

To look up West Virginia arrest information, requesters can also submit requests to the FBI online, by mail, or through a third-party vendor. Online requesters should visit the Electronic Departmental Order FBI official site, where they will be required to input their email addresses. Subsequently, a secure link and personal identification number will be sent to them, which will be used to complete their arrest records request. To send a request by mail, requesters should download and complete the applicant information form and follow all the instructions provided by the FBI. This service costs a fee of $18.

Free Arrest Record Search in West Virginia

Individuals can conduct a free arrest record search at the West Virginia Division of Corrections and Rehabilitation (WVDOCR). This agency has an Offender Search tool on its website that provides access to arrest information of individuals housed in its facilities at no cost. Users can begin a search by entering at least the first three letters of the arrested person's last name.

How Long Do Arrests Stay on Your Record in West Virginia?

In West Virginia, arrests remain on the record of a person permanently, except they are legally removed through an expungement or sealing. While the West Virginia Judiciary outlines certain record retention limits for criminal records, it does not precisely provide retention limits for arrest records. The number of years these records are retained depends on factors such as whether the case was dismissed, a fine was paid, or an appeal was made.

How to Seal Arrest Record in West Virginia

In West Virginia, sealing an arrest record makes it inaccessible to the general public. According to §61-11-26 of the State's Legislature, only misdemeanor and non-violent felony arrest records can be sealed. The conditions for sealing arrest records in West Virginia are as follows:

• For one misdemeanor, expungement is possible only a year after conviction and any sentencing has been served;
• For more than one misdemeanor, expungement is possible only 2 years after conviction and any sentencing has been served;
• For non-violent felonies, expungement is possible only 5 years after conviction and any sentencing has been served.

Eligible persons can request to have their arrest records be sealed by petitioning the circuit court in the county where their conviction occurred. In some instances, a petition for expungement of arrest records may be denied, as stipulated in WV Code §61-11-26c. Denial is most likely if the offense was a felony against victims who were minors, committed using deadly weapons, and involved driving under the influence.

If the court grants the expungement petition, the judiciary and any law enforcement agencies or officials possessing the arrest records must remove them from public records. Under West Virginia law, sealed records are considered to have never existed. An inspection of sealed arrest records may only be permitted in two instances, as stipulated in WV Code §61-11-26m:

• If the subject requests the records;
• If a petition is made by a prosecuting attorney who considers them essential to the investigation or prosecution of a crime committed anywhere within the country.