West Virginia Criminal Records

"West Virginia criminal records" is a broad term used to collectively describe specific types of records criminal justice agencies generate and maintain. Criminal records generally detail an individual's encounters with the state criminal justice system. These include arrests, charges, warrants, convictions, detention, and sentences an individual has incurred in West Virginia due to an offense(s) they were alleged to have committed, or a court has determined they committed.

Essentially, West Virginia criminal justice agencies, such as local law enforcement, courts, and correctional facilities, generate West Virginia criminal records to document specific encounters individuals have had with the state criminal justice system. In addition to maintaining criminal records they generate locally, criminal justice agencies across the state also forward these records to the West Virginia State Police Criminal Identification Bureau. The Bureau serves as the central repository for criminal records in West Virginia.

A person's West Virginia criminal records provide a wealth of information about their criminal history in the state. Employers, landlords, and licensing/certification agencies may review individuals' criminal records when vetting potential hires, deciding whether to offer a lease or ascertaining individual eligibility for licensure or certification.

Are Criminal Records Public in West Virginia?

It depends. West Virginia Freedom Of Information Act (WV FOIA) grants everyone the right to inspect and copy records maintained by public bodies, except if the record is subject to non-disclosure by federal or state law. However, criminal records are not subject to the WV FOIA. Instead, state statutes dictate how criminal records may be disseminated in West Virginia.

Generally, criminal records in West Virginia are maintained and accessible at the state level through the WVSP Criminal Identification Bureau. Per WVSC §15-2-24, the WVSP Criminal Identification Bureau must receive written consent acknowledged and signed by the subject of a record before disclosing a person's criminal record to a third party.

West Virginia Crime Records by County

West Virginia crime records are official reports and data that provide statistical breakdowns on different types of offenses committed within the state lines, such as frequency, offenders' demography, and crime rates. Generally, law enforcement agencies generate crime records from criminal records and other law enforcement records they maintain.

In West Virginia, interested persons can access crime records through state and local law enforcement agencies. At the state level, interested persons can review the WVSP's Uniform Crime Reporting Publications to find crime records. These publications consist of annual reports containing crime statistics that state, county, and municipal law enforcement agencies across West Virginia have reported to the WVSP.

At the local level, crime records are accessible through county sheriff's offices and municipal police departments. Some local law enforcement agencies host online tools, like interactive maps, that individual can use to view crime records they maintain on their website. An example is the Wheeling Police Department crime map.

West Virginia Criminal Record Check

Interested persons can conduct state-wide criminal record checks in West Virginia through the WVSP Criminal Identification Bureau. However, the Bureau does not directly process criminal record check requests. Rather, the Bureau has authorized IdentoGo, a third-party service provider, to provide criminal record check services.

Requesters must provide their fingerprints when requesting a West Virginia criminal record check on themselves through IdentoGo. Requesters can provide their fingerprints by scheduling a fingerprinting appointment online on IdentoGo. Thereafter, they can visit an IdentoGo enrollment center on their scheduled appointment date and bring the required documentation to facilitate their fingerprinting. Information about required documentation can be found on IdentoGo.

Requests who cannot be physically fingerprinted can opt to submit their recent Fingerprint Card by mail to IdentoGo. According to the WV Board Of Medicine, IdentoGo charges around $47.25 for its services, subject to additional charges in certain situations. For further inquiries on how criminal record checks can be conducted in West Virginia, interested persons can reach the WVSP Criminal Identification Bureau by phone at ​​​​​​​​(304)-746-2450 or (304)-746-2294 (FAX). Interested persons can also review the WVSP criminal records page.

Interested persons can also conduct criminal records checks in West Virginia locally through local law enforcement agencies such as county sheriff's offices or municipal police departments. This type of criminal record check would reveal the requester's criminal records maintained by the local agency. Similar to a state-wide criminal record check, a requester must also provide their fingerprint when conducting criminal record checks (also known as background checks) through local law enforcement agencies. Most agencies provide information on the process and the fee for conducting background checks on their website. Some examples include the Bluefield police department FAQ page and Raleigh County Sheriff's Office service page.

Find Criminal Records Online in West Virginia

There are no online resources provided by the WVSP Criminal Identification Bureau or local law enforcement agencies that allow requesters to search for criminal records they maintain online. In most cases, requests for criminal records are made in person or by mail.

Free Criminal Record Search in West Virginia

As previously eluded to, law enforcement agencies in West Virginia usually require a fee for criminal record checks. It may, however, be possible to conduct free criminal records searches through certain third-party websites. Searches on such sites are typically conducted using a subject's full name as a search criterion. Other criteria, such as the state's name where the record originated, may also be utilized.

Note that, in most cases, users are only provided basic information on their search results when they conduct free criminal records searches through third-party websites. To access more detailed results, users are usually asked to pay a fee or subscription.

What Does it Mean if You Have a Criminal Record in West Virginia?

Having a criminal record in West Virginia can have several negative consequences that can affect different aspects of a person's life, including making it difficult to find employment, housing, education, and travel. The type of criminal record also determines the kind of consequences one will face as a result of their criminal record.

West Virginia has several state statutes that restrict what people with certain criminal records can do, most notably those with a felony connviction. Individuals who have a felony conviction on their criminal record in West Virginia are disqualified from voting (WVC § 3-2-2), serving on a jury (WVC § 52-1-8), possessing a firearm (WVC § 61-7-7), and holding a public office (WVC § 6-5-5).

Does Your Criminal Record Clear After 7 Years in West Virginia?

In West Virginia, entries, such as arrests, sentences, and convictions, on a person's criminal record are permanent. However, it may be possible to remove a criminal record by receiving a pardon from the governor per WVC §5-1-16a or through legal processes such as an expungement. It is worth noting that not all criminal records can be expunged in West Virginia. Furthermore, there is a waiting period before some criminal records become eligible for expungement.

Arrest Record Vs Criminal Record

Although both terms are sometimes used interchangeably, "arrest records" and "criminal records" are fundamentally different. Arrest records provide information about instances where an individual was arrested, such as the arrest's date, time, location, and the alleged offense that warranted the arrest.

On the other hand, criminal records provide a comprehensive overview of an individual criminal history within a specific jurisdiction. These records are composed of different criminal justice records, such as arrest records, convictions, sentences, and warrants individuals have incurred.

West Virginia Police Records

In the course of conducting their legal duties, law enforcement agencies typically generate reports and other forms of documentation to document specific processes and incidents. These records are collectively referred to as "police records". They include and are not limited to incident reports, crash reports, investigative reports, criminal case records, arrest records, and citations.

West Virginia police records are subject to the West Virginia Freedom Of Information Act (WV FOIA). As a result, they are accessible to the general public. To obtain police records, record seekers can query local enforcement agencies. Depending on what an agency allows, record seekers may be able to make queries for police records in person, by phone, mail, or through other means. For instance, the Weirton Police Department encourages record seekers to visit their physical address to access the agency's police records. Meanwhile, in addition to allowing record-seekers to make queries for the agency's police records in person, the Beckley Police Department also provides a dedicated phone number (304-256-1720) and fax number (304-256-1721) that inquirers can use to make queries.