West Virginia Court Records Search

West Virginia Court Records & Case Lookup

The West Virginia judiciary processes over 260,000 cases annually, including approximately 20,000 civil cases, 13,000 criminal cases, and 10,000 juvenile cases. Furthermore, the courts manage around 1,000 traffic and 29,000 domestic relations cases annually. Under the Freedom of Information Act, state residents can access up to 30 records via magistrate court clerks or online.

West Virginia Code, Chapter 51-4-2, indicates that records and papers of every court will be open to inspect any party. Clerks will, when needed, provide copies of the record except in special provisions. Court records detailing personal identifiers or sensitive medical and financial information cannot be viewed by all parties. Similarly, domestic violence and sealed records cases are not widely accessible.

West Virginia's Magistrate record search provides access to court information by typing in the case number or names. Court documents are not available online, though. Rather, users must contact the magistrate court clerk, depending on the county, to get the records. The clerk will relay the requirements, including the names, dates, or fees per page. This search system helps requesters know what to ask for and which county to contact.

State of West Virginia Court System

West Virginia boasts more than 200 courts. There are two federal courts, a state Supreme Court of Appeals, and trial courts. These have both general and limited jurisdiction capabilities. Judges working for the Supreme Court of Appeals and trial courts are elected in nonpartisan elections. Magistrates are also elected, serving terms of four years.

West Virginia Supreme Court of Appeals

West Virginia's Supreme Court of Appeals is the highest court operating within the state. The court is headquartered in Charleston but holds hearings in other cities. Five Supreme Court justices serve the court of appeals, and they are elected to 12-year terms in non-partisan state elections. The Supreme Court presides over appeals of decisions made in the Intermediate Court of Appeals or from the circuit court concerning criminal cases, child abuse, and neglect. It also hears cases requiring interpretation of West Virginia's constitution.

West Virginia Intermediate Court of Appeals

The West Virginia Intermediate Court of Appeals reviews appeals from the state's Circuit Courts. According to Chapter 51 and Article 11 of the state code, the jurisdiction includes appeals of orders in civil matters, family law, workers' compensation, and guardianship.

West Virginia Circuit Courts

Circuit courts are the only general jurisdiction trial courts in the state. They have jurisdiction over all civil cases involving property worth more than $300. Circuit courts also receive appeals from the municipal, magistrate, or family courts. Circuit court judges are required to live in the jurisdiction they serve. They should have been admitted to the state bar and have practiced law in West Virginia for at least five years before taking office.

West Virginia Family Courts

These courts deal with conflicts related to children. Family law courts in the state also hear cases concerning divorce, paternity, allocation of parental responsibility, and visitation. In West Virginia, forty-seven daily court judges are serving twenty-seven family court circuits. Like the circuit judges, they must also reside within the circuit.

West Virginia Magistrate Courts

These courts have earned the designation of the "people's court". In West Virginia, there are 158 magistrates, with a minimum of two assigned to each county and ten located in the most densely populated areas. Magistrates give protective orders in cases involving domestic violence.

What are the Specialty Courts in West Virginia?

West Virginia's specialized courts recommend non-punitive resolutions for various cases. These treatment courts aim to enhance the lives of affected citizens. West Virginia is home to treatment courts like:

• Adult drug courts: An adult drug court implements mandatory regular drug testing and gives incentives under the direction of a judicial officer.
• Juvenile drug courts: The West Virginia Juvenile Drug Court Program strives to redirect non-violent youthful offenders to more productive pursuits.
• Family treatment courts: In 2019, House Bill 3057 was ratified as §62-15B-1(d)(4). This statute permits West Virginia's Supreme Court of Appeals to work with addicted residents involved in family court cases.
• Veterans treatment courts: The veterans treatment courts in West Virginia assist military veterans contending with substance use disorders and reactive depression.

West Virginia Court Records vs. Federal Court Records

Court records consist of case files that encompass documents and various types of information submitted in legal cases and generated throughout judicial processes. Federal court records can be viewed through the Public Access to Court Records database.

What Are Public and Non-Public Court Records in West Virginia?

West Virginia State Code Chapter 29B describes public records as articles amassed by a public entity. Due to considerations of privacy or confidentiality, some court records may be sealed, redacted, or limited to designated individuals, typically the parties directly involved in the proceedings.

How To Seal or Expunge Court Records In West Virginia

According to W. Va. Code § 61–11–26, a state resident can ask a West Virginia court for records of his or her non-violent felony to be sealed or expunged. State citizens convicted of the following crimes are ineligible for a nondisclosure order:

• Sexual crimes
• Offenses that involve the use or display of a deadly weapon or hazardous instrument
• Domestic violence incidents
• Stalking or harassment
• Abuse or neglect of a vulnerable adult
• Cruelty to animals
• DUIs

How To Seal Court Records in West Virginia

In West Virginia, the procedure for sealing records can either be automatic nondisclosure for certain offenses, specifically first-time misdemeanors, initial drug possession charges, and nonviolent felonies, or it can require a petition for nondisclosure. The state's legal framework does not provide explicit guidelines for submitting a petition to have an adult criminal record sealed, as an expunged record is considered equivalent to a sealed record in West Virginia. Conversely, juvenile records are typically sealed automatically one year after the individual reaches the age of 18 or one year following the end of juvenile or personal jurisdiction.

How To Expunge Court Records in West Virginia

In West Virginia, the expungement of court records is restricted to specific categories of cases, which include:

• Misdemeanor charges
• Non-violent felony offenses: At least five years is required after the conviction and completion of the sentence
• Cases that have ended with acquittals
• First-time drug possession offenses
• Residents who receive full pardons

To initiate the process of expunging a court record in West Virginia, an individual must submit FORM SCA-C906 along with a fingerprint card obtained from the Department of Public Safety (DPS) to the court located in the county where the arrest occurred. The petition should include the following details:

• Legal names and any aliases used
• All addresses pertinent to the expungement request
• Date of birth
• Social Security number
• Details of the offense(s) and corresponding statutes
• Names of any victims or an assertion indicating that there were no identified victims

Justifications for the expungement along with supporting documentation (such as affidavits, proof of graduation from job readiness adult training courses, and records of charges/convictions).

The fee for the service is $200. The petitioner should serve the petition to:

• Superintendent of the State Police
• Prosecuting attorney
• Chief of police or another leader of the municipal police department in which the offense occurred
• Chief law enforcement officer from any agency involved in the arrest
• Superintendent or warden of any correctional facility
• Circuit court, magistrate court, or municipal court that handled the case

Individuals mentioned above or any victim can submit an objection within 30 days following the service. Once this 30-day period has lapsed, the court can approve the petition without convening a hearing, reject the petition, or schedule a hearing within 60 days to evaluate the petition. Should the court grant the petition, the petitioner must remit a fee of $100 to the West Virginia State Police for the expungement processing. It is important to note that this fee may be waived if the expungement was expedited based on a verified medical history of substance abuse.

How Do You Access Court Records in West Virginia?

Chapter 29B of the West Virginia State Code allows members of the public who have a genuine interest to access public records. Individuals seeking to examine or acquire copies of civil court records may proceed through any of the following methods:

• Visiting in person to inspect and/or obtain records
• Submitting verbal or written requests to the designated record custodian
• Accessing records through online platforms

Access to public records can also be obtained through various third-party websites. These platforms function autonomously and are not affiliated with state government agencies. They provide unrestricted geographical record access, making them useful initial resources for investigating specific records or multiple entries. When utilizing the search functions on these sites, users must input the following information:

• The name of an individual associated with the record, excluding any juveniles
• The presumed location of the record, which may include a city, county, or state designation

Online Access to West Virginia Court Records

The judiciary of West Virginia does not provide an official centralized online database for the public to access civil court records. Nevertheless, county circuit clerks have made public terminals available within their offices, which individuals seeking to obtain certain records can use. Furthermore, various unofficial third-party websites also allow access to civil court records.

In-Person Access to West Virginia Court Records

The predominant method for reviewing and acquiring copies of civil court records in West Virginia is through in-person requests. This approach is advisable for individuals seeking information on cases that might not be accessible through alternative avenues. Those wishing to obtain civil court record copies in person should consider following these steps:

Identify The Right Court

As previously noted, West Virginia is segmented into 31 circuits, with each county in the state hosting at least one courthouse. These courthouses house the various lower courts of the state, each possessing differing degrees of jurisdiction in civil matters. Consequently, the initial action required to request these records in person is to ascertain the specific court where the relevant case was filed or adjudicated.

To assist the public in this endeavor, the judiciary of West Virginia offers a comprehensive court information directory that includes contact information for every courthouse and its officials throughout the state.

Gather Case Information

According to West Virginia's public records law, individuals seeking access to civil court records must furnish the record custodian with pertinent details that will facilitate the search for those records. The specific information needed may differ based on the court housing the records; however, it typically encompasses the names of the parties involved, the filing date of the initial complaint(s), and the corresponding case file number.

Visit the Court Record Custodian

Once the concerned parties have determined the appropriate court, the subsequent action for obtaining court records in person involves visiting the office of the custodian of records and submitting a request to review and/or duplicate the necessary documents. In West Virginia, civil court records are preserved by the circuit clerks of each county.

Provide Identification and Pay Any Required Fees

Upon finding the court, the record custodian, and the necessary civil court records, individuals seeking copies of these documents may need to present a form of identification, typically a government-issued photo ID. Additionally, they must pay any relevant fees, generally determined by the type of record requested, the quantity of copies needed, and the format to which the record is transferred. It is important to note that these fees can differ based on the court in question.

How To Request Judicial Administrative Records

Residents wishing to view judicial administrative records should write to the appropriate court official, specifying the data they seek. The clerk will know where the case in question is.

How To Access Older and Archived Court Records in West Virginia

West Virginia residents can obtain older court records by petitioning the Circuit Court for access. These courts have the authority to approve such a request if it determines that there is a justifiable reason for accessing the records and that doing so serves the interests of justice. Generally, a written request is required for an individual seeking to obtain an old court record from the clerk of the court or an archived record from the state archive.