Search West Virginia Arrest Records Online

What is Considered an Arrest in West Virginia?
Are Arrest Records Public in West Virginia?
What are the Types of Arrest Records in West Virginia?
How Long Do Arrests Stay on the Record in West Virginia?
How To Seal or Expunge an Arrest Record in West Virginia?

What is Considered an Arrest in West Virginia?

In West Virginia, an arrest is said to happen when a law enforcement officer physically takes a person into custody and deprives them of their freedom based on probable cause that a crime has been, or is about to be, committed. Common reasons for arrests in West Virginia typically include:

Assault and battery
Theft, burglary, and shoplifting
Trespassing
Violating court orders or failing to appear for scheduled hearings
Drug possession, distribution, or trafficking
Public intoxication and disorderly conduct
Murder
Driving under the influence (DUI) or other serious traffic offenses, particularly those that result in injury or property damage

Arrests in West Virginia are governed by state and federal laws, particularly Chapter 62 of the West Virginia Code. These laws generally detail when and how an arrest can be made, as well as the procedures officers must follow and the fundamental rights of individuals placed under arrest. Some essential legal principles regarding arrests in the state typically include:

Custody and Control: when a person is arrested in West Virginia, they are taken into custody and placed under the control of law enforcement (to ensure their appearance in court). This is a crucial aspect of arrests in the state; once a person is arrested, they are no longer free to leave of their own will.
Legal Authority: under West Virginia law, duly sworn law enforcement officers are authorized to make arrests under a valid warrant or without one under specific circumstances. These typically include when an offense is committed in their presence and matters involving domestic violence, where they do not witness the offense but have credible evidence that an offense has occurred (WV Code 48-27-1002).
Miranda Rights: per federal requirements (established by the U.S. Supreme Court ruling in the 1966 Miranda v. Arizona case) and WV Code 62-1-6, officers must inform arrestees of certain rights once taken into custody and before questioning. These rights, known as the Miranda Rights, include the right to remain silent, the fact that statements can be used against them, and the right to legal representation. State law goes further by ensuring that an arrestee cannot be taken to jail or moved from the county of their arrest until they have been given a reasonable opportunity to confer with an attorney or arrange bail.
Restraint and Transport: West Virginia law allows officers to use reasonable force to restrain individuals being arrested. Once this is done, the arrestee is transported to a police station for booking.
Booking Process: this is the official documentation of the arrest and involves recording the arrestee's personal information and the charges against them. The arrestee is also photographed, fingerprinted, and held pending their initial hearing or when bail is posted.

It's important to note the distinction between being detained and being arrested in West Virginia. Detainment refers to temporary restraint, usually for questioning or investigation, and typically only requires reasonable suspicion that an offense has been or is being committed. This is often done when officers need to determine if there is probable cause for an arrest, and the person being detained is usually free to go if no probable cause can be established. An arrest, on the other hand, involves formally taking someone into custody and charging them with a crime. Arrests require a higher legal standard than reasonable suspicion. This standard is known as "probable cause" and is based on credible facts and evidence that an offense has or is about to be committed. As such, arrests typically carry more significant legal consequences than detainments.

What is Unlawful Arrest in West Virginia?

An unlawful or false/wrongful arrest in West Virginia generally occurs when a person is taken into custody without legal justification or in violation of established state or federal procedures. Several factors may render an arrest unlawful in West Virginia, typically including:

Lack of Probable Cause: probable cause is a fundamental requirement in the arrest process. Per WV Code Chapter 62, there must be probable cause to believe that a person has committed an offense before they can be arrested; without this probable cause, the arrest may be challenged as unlawful.
Arrest Without a Warrant: officers in West Virginia may only make warrantless arrests under specific circumstances, such as when an offense is committed in their presence (WV Code 62-1-5) and situations involving domestic violence (WV Code 48-27-1001 and WV Code 48-27-1002). Arrests made without a warrant outside of statutorily-listed scenarios are generally considered unlawful.
Violation of Constitutional Rights: an arrest may be deemed unlawful when it violates a person's constitutional rights. For example, the Fourth Amendment protects individuals from unreasonable searches and seizures, meaning that any arrest without legal grounds could infringe upon these protections and is ultimately unlawful. Similarly, arrests made in violation of the Fourteenth Amendment right to equal protection - such as those based on racial profiling - are deemed unconstitutional and may be challenged in court.
Procedural Violations: an arrest may be deemed unlawful if legal procedures are not followed. For instance, if officers fail to inform a suspect of their Miranda rights before questioning, do not clearly state the grounds for arrest, or allow them to confer with counsel and arrange bail (WV Code 62-1-6), the arrest may be challenged in court.
Mistaken Identity: arrests made due to misidentification are also considered unlawful and may lead to legal action. Such cases arise when an individual is mistakenly arrested for a crime they did not commit.

Unlawful arrests may have serious consequences, often resulting in loss of public trust in law enforcement as well as emotional and financial hardship for the individuals wrongfully arrested. As such, various legal protections and remedies are generally in place to hold law enforcement accountable and ensure justice for victims of unlawful arrests:

Civil Lawsuits: individuals who have been unlawfully arrested may file civil lawsuits against the arresting officers under U.S. Code Title 42, Section 1983, and WV Code 14-2-13a to seek damages (including monetary compensation) for these actions.
Exclusion of Evidence: under WV 62-1A-6 (and the Fourth Amendment's exclusionary rule), individuals unlawfully arrested may petition the court to have any evidence obtained from these arrests suppressed/excluded from court proceedings against them. In some cases, charges stemming from the unlawful arrest may even be dismissed.
Criminal Charges Against Officers: officers who unlawfully arrest a person also risk having criminal charges filed against them, particularly if an investigation determines that they knowingly or maliciously carried out an unlawful arrest without legal authority.

Are Arrest Records Public in West Virginia?

Arrest records are generally considered public information in West Virginia, in line with the state's Freedom of Information Law (WV Code Chapter 29B, Article 1). Under this law, any interested members of the public may inspect or request copies of these records; however, certain restrictions may apply.

To this end, information typically available in West Virginia arrest records include:

The name, age, and gender of the person arrested
The date and location of the arrest
The offense(s) for which they were arrested
The name of the arresting officer and the law enforcement agency involved
A brief account of the circumstances of the arrest

Booking photographs (mugshots) are also considered public and may be accessed by interested parties. However, under WV Code 62-1-6a, law enforcement agencies are generally restricted from sharing mugshots of individuals arrested for allegedly committing a minor offense (misdemeanors and certain non-violent felonies) on social media unless:

The person is a fugitive or poses an immediate threat to someone or public safety, and sharing the photo will help locate or capture them or reduce the threat
The person is convicted of a crime related to the arrest when the mugshot was taken
A court orders the release of the photo

Juvenile arrest records, expunged records, and certain sensitive information, such as personal details on domestic violence or abuse victims and information on confidential informants, are also typically restricted from public disclosure.

What are the Types of Arrest Records in West Virginia?

In West Virginia, arrest records are primarily created and maintained by local law enforcement agencies, such as police departments and county sheriff's offices, as well as state-level agencies like the West Virginia State Police (WVSP). Local law enforcement typically only maintains records of arrests within their respective jurisdictions, while the WVSP manages a statewide repository of criminal records, which includes arrest information collated across the state.

Where are Arrest Records Kept in West Virginia?

Several agencies and governmental entities keep copies of available arrest records in West Virginia, including:

Local Police Departments and County Sheriff's Offices: local law enforcement agencies keep records of all arrests carried out in their respective jurisdictions/municipalities. These records are typically specific to a particular arrest and include information like the arrestee's name, age, the date and location of the arrest, and the offense(s) that led to the arrest.
West Virginia State Police (WSVP): the WVSP maintains statewide criminal records. These records generally contain detailed criminal history information on individuals who have come in contact with the state's criminal justice system and include details on past arrests, charges, convictions, and sentences. As a result, the WVSP's criminal records typically contain more comprehensive information than the arrest records maintained by local law enforcement agencies.
West Virginia Judiciary: West Virginia courts also maintain information on arrests that lead to criminal charges being filed and court proceedings held against the arrestee. These criminal court records typically include details of the offense, the charges filed, and the outcome of the trial or legal proceedings.
West Virginia Division of Corrections and Rehabilitation (WVDCR): the WVDCR holds records for individuals whose arrests have led to sentencing and incarceration in a regional jail or prison. These inmate records typically include details like the individual's name, age, and sex, their physical description and mugshot, and the offense they are being held for.
Federal Agencies: federal criminal justice agencies like the FBI have access to West Virginia arrest records and also maintain records of arrests involving federal crimes committed within the state. Likewise, the Bureau of Prisons (BOP) also keeps records for individuals incarcerated in federal prisons located within the state, similar to how the WVDCR maintains state-level inmate records

How To Find Public Arrest Records in West Virginia?

Public arrest records in West Virginia may be accessed through several sources, such as:

Local Law Enforcement Agencies: police departments and sheriff's offices across West Virginia maintain records of arrests occurring in their jurisdictions. Copies of these records may be accessed by contacting the relevant agency; this process usually involves submitting a formal request and paying any applicable fees. Note that local agencies only hold records for arrests they directly handled, and some local agencies may have additional requirements or restrictions on accessing these records.
The West Virginia State Police: the West Virginia State Police generally allows interested parties to perform criminal record checks (facilitated through a third-party vendor) that generate reports, which typically include arrest information. Note that, per WV Code 15-2-24 (d), members of the public looking to perform criminal record checks must submit a written authorization signed and acknowledged by the person named on the record. Processing fees also apply.
West Virginia Courts: arrests that result in criminal charges being filed are documented by the courts, and interested parties may access copies of these records by contacting the appropriate court where the case was handled. Some courts also offer online platforms that may be used to search for these records.
Third-Party Websites: third-party websites like RecordsFinder also offer access to publicly available arrest records in West Virginia. These platforms typically aggregate data from both public and private sources and provide a convenient method for locating and obtaining copies of arrest records. However, it is important to note that these websites are not usually government-affiliated. As such, the information available through third-party platforms may differ from what is offered through official channels.

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

In West Virginia, arrests generally remain on an individual's record indefinitely. However, West Virginia law provides a legal avenue for expunging criminal records, thereby removing the arrest from public access. This process is typically available for arrests that did not lead to a conviction, as well as certain misdemeanor and non-violent felony convictions. Note that the expungement process in West Virginia is generally not automatic; eligible individuals typically must file a formal petition with the appropriate court to initiate it.

How To Seal or Expunge an Arrest Record in West Virginia?

Record expungement in West Virginia is generally the legal process of removing or sealing arrest records and criminal dispositions, making them inaccessible to the general public. Note that these records are not destroyed, and the expunged information may still be accessed by certain authorized parties. WV Code Sections 61-11-25 to 61-11-26b govern the expungement process in the state and outline the eligibility criteria and conditions that must be met for records to be expunged.

Per state law, expungements are typically available under two main options:

Criminal Charge Expungement: individuals who were acquitted of a criminal offense or had their charges dismissed (without pleading guilty to another offense) may petition the court to have all records related to the arrest or charge expunged. This petition must be filed no later than 60 days after the acquittal or dismissal. Those who completed a pre-trial diversion or deferred adjudication program can also request expungement for charges from the same incident. It should be noted that certain domestic violence and traffic-related charges cannot be expunged under this option. Individuals with prior felony convictions are generally considered ineligible for this expungement.
Criminal Conviction Expungement: individuals convicted of misdemeanors and non-violent felonies may also petition the court to have their records expunged after a minimum mandatory waiting period has elapsed (following the completion of their sentence):
- One year for misdemeanors. The waiting period is increased to two years for individuals looking to expunge multiple misdemeanor convictions and is counted from the last conviction.
- Five years for felonies.

This waiting period may be reduced for individuals with a medically documented history of substance abuse who meet specific additional requirements, like completing a court-approved treatment program. Note that individuals looking to file for expungement of criminal convictions must not have pending criminal charges against them. Certain offenses are also ineligible for expungement in West Virginia. These include violent crimes, domestic violence-related charges, sexual offenses, incapacitated adult abuse or neglect, and crimes against minors.

It is important to note that filing a petition to expunge a record does not guarantee its expungement; this decision generally lies with the court. If the petition is approved, the record will be sealed and removed from public view, and the petitioner typically does not need to disclose the expunged offense on an employment, credit, or other application. Nonetheless, law enforcement agencies, courts, and certain other government entities still retain access to expunged records.