West Virginia Warrant Search

In West Virginia, a warrant search typically involves requesting warrant records maintained by law enforcement agencies like City Police Departments, County Sheriff’s Offices, Municipal courts, or the State Police. Alternatively, individuals can conduct warrant searches online through third-party databases. A warrant search can be important for various reasons. For example, it assists landlords in verifying whether potential tenants possess criminal tendencies that may threaten existing tenants and their properties. Similarly, it helps employers evaluate whether potential employees fit the job.

What is a Warrant?

Warrants are legal documents issued by judges or magistrates authorizing specific actions by law enforcement officers, such as arrest or search. The common types include arrest, search, and bench warrants. They are governed by state statutes and court procedures outlined in the West Virginia Code, ensuring that law enforcement actions are conducted lawfully and per individuals' constitutional rights.

Are Warrants Public Record in West Virginia?

In West Virginia, warrants are generally considered public records. According to the West Virginia Public Records Act, citizens have the right to inspect or copy warrant records maintained by any law enforcement agency in the state unless such records are restricted by law. Public warrant requests are typically facilitated online or in person at the office of the record custodian. However, it is important to note that certain types of warrant records may be restricted from public access. Per West Virginia Juvenile Procedure Rule 48, warrant records pertaining to juveniles, including warrant applications, supporting affidavits, original and duplicate warrants, the transcript of any hearing on the warrant application, and any related documents are confidential.

How Do I Look Up Warrants in West Virginia?

Requesters can retrieve West Virginia warrant information from third-party websites. These websites provide access to country-wide warrant records from various entities like county sheriff's offices, police departments, courthouses, and incarceration facilities. Users can initiate a warrant search by entering a first and last name in the search boxes. Other information may be provided to facilitate the search.

Most third-party websites provide basic warrant information for free. However, about $4.95 may be charged for a 7-day trial for full reports. Users can opt for a monthly subscription of $19.95, which can be canceled anytime to avoid future billing. However, membership fees are billed monthly in advance and are non-refundable.

What is a Search Warrant in West Virginia?

Per West Virginia Code §62-1A, search warrants are issued by judges authorizing law enforcement officers to conduct a search of a person, item, or property. These warrants allow for the search and seizure of stolen, embezzled, or fraudulently obtained property, items used for criminal activities, or property involved in violations of state criminal laws. Warrants are granted based on sworn complaints supported by affidavits establishing probable cause (West Virginia Code §62-1A-3). A search warrant must identify the property to be seized and describe the place or person to be searched.

• Are Search Warrants Public Records in West Virginia

  Yes. Search warrants are public records according to the West Virginia Public Records Act. However, juvenile search warrants are not open to the public, including the written application and supporting affidavit or affidavits, the original warrant, any duplicate warrant, and the transcript of any hearing on the application for the warrant (W. Va. R. Juve. Proc. 48). Similarly, unexecuted search warrants are confidential.

• How Long Does it Take to Get a Search Warrant in West Virginia?

  The duration required to secure a search warrant in West Virginia varies based on factors like case complexity, judicial availability, and the urgency of the matter. Typically, a judge or magistrate will issue a search warrant when there is probable cause to believe a search or seizure is necessary.

• How Long Does a Search Warrant Last

  Per West Virginia Code §62-1A-4, search warrants are valid within ten days of issuance. This timeframe gives law enforcement officers a reasonable window to search and seize the specified property. The warrant expires once the ten-day period elapses.

What is a Bench Warrant in West Virginia?

West Virginia courts issue bench warrants when defendants fail to appear at a court-scheduled hearing/trial or obey court orders. According to West Virginia Code §62-1C-17b, this warrant authorizes law enforcement to arrest the defendant and bring them before the court. Failure to appear may result in penalties like fines and imprisonment, depending on the severity of the offense and the type of case involved (felony or misdemeanor).

What is an Arrest Warrant in West Virginia?

According to West Virginia Code §62-1-2, an arrest warrant is issued by a justice of the peace if there is probable cause to believe that an offense has been committed and that the defendant is responsible. The warrant authorizes law enforcement officers to arrest and bring the defendant before the court. Per West Virginia Code §62-1-3, arrest warrants contain the justice’s signature, the defendant's name or identifiable description, a description of the offense, and a command to arrest and bring the person to court.

How to Check if You Have a Warrant in West Virginia

Individuals can check if they have active warrants by phone or in person at law enforcement offices. Specifically, they can visit the courthouse, city police departments, or county sheriff's offices. A name or birth date and a valid ID may be required to process the request. Also, some law enforcement agencies have designated phone numbers on their websites that can be called to inquire about warrant information. For example, requesters can call the Charleston Police Department Warrants Division at 304-348-6402 to retrieve warrant information.

Can You Check Warrants Online in West Virginia?

Individuals in West Virginia seeking active warrants can utilize online resources provided by County Sheriff's Offices. For instance, the Boone County Sheriff’s Office offers access to warrant information online. To initiate an online request, individuals should visit the Sheriff's Office website and select the “Warrants” option from the top bar. The webpage displays a list of active warrants dating back to 1982, typically including the full name of the individual with the warrant, year of birth, case number, last known address, and charges.

How To Find Out If You Have a Warrant for Free

Individuals have the opportunity to determine if they have a warrant for free in West Virginia through the following means:

• Visiting the court that issued the warrant
• Calling the City Police Department
• Visiting the City Police Department or County Sheriff’s Office during business hours
• View warrant lists or portals maintained by County Sheriff’s Offices and the state police department.

How to Find Out if Someone Has a Warrant Online For Free in West Virginia

The West Virginia State Police (WVSP) publish a Most Wanted List on their website, providing access to warrant information at no cost. Most County Sheriff’s Offices provide warrant information online for free to members of the public. For example, the Kanawha County Sheriff’s Office publishes Warrant Lists on their website by area. Individuals can click on any area on the map or use the link on the warrant page to access warrant information for free.

How Long Does a Warrant Stay Active in West Virginia?

Generally, arrest and bench warrants stay active until a law enforcement officer executes it or until it's quashed or recalled by the issuing authority. However, search warrants are only active ten days after issuance.

How Do I Find Out If I Have a Federal Warrant?

Individuals can verify their warrant status from several federal law enforcement agencies in the United States. For example:

• The U.S. Marshals Service offers a "Most Wanted Fugitives" list on their website for searching federal warrants.
• The Federal Bureau of Investigation (FBI) features a "Most Wanted" list on its website where individuals can search for federal warrants.
• The U.S. Immigration and Customs Enforcement (ICE) provides a "Most Wanted" page on its website for searching federal warrants related to immigration violations.
• The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) offers a "Most Wanted" list on its website for searching federal warrants related to firearms, explosives, and related crimes.