West Virginia PUBLIC RECORDS SEARCH

West Virginia State Public Records Search Online

Public records are intended to be liberally constructed to maximize access to government records. The West Virginia Freedom of Information Act (WV FOIA) provides a framework for accessing public records, similar to the open records laws of its neighboring states, such as Virginia, Kentucky, and Tennessee.

These records are necessary for legal matters, such as verifying property ownership, conducting background checks, or establishing rights in legal disputes.

Obtaining public records has become more convenient, allowing individuals to gather information without leaving their homes. However, this ease of access also challenges privacy, as sensitive information may be disclosed.

What Records are Public in West Virginia?

In West Virginia, public records consist of a wide range of categories and can be found in various formats. While these records are generally accessible to the public, certain exceptions and specific procedures must be adhered to as determined by the responsible agency.

What is Considered Public Information in West Virginia?

Public information refers to information anyone can access. Records can be in various formats, including paper documents, electronic files, photographs, audio recordings, and videos. Here's an overview of what would likely be considered public information in West Virginia:

• Records related to the general functioning of government agencies, including policy decisions, meeting minutes, and administrative procedures
• Budgets, expenditures, and financial reports of public agencies, except for specific exemptions related to financial institutions
• Public contracts, bids, and agreements with private entities
• Permit and license information
• Court records, unless sealed by a judge
• Property records
• Election information
• Statistical data
• Vital records
• Criminal records
• Traffic records

West Virginia Public Records Laws

The West Virginia Freedom of Information Act (WV FOIA) and the West Virginia Open Governmental Proceedings Act are the laws that govern public records access in West Virginia.

What is the WV FOIA?

Based on the provided text of West Virginia Code Section 29 B-1-3, here is a summary of what the WV FOIA (West Virginia Freedom of Information Act) entails:

• Right to access: Every person, with some exceptions, has the right to inspect or copy any public record in West Virginia.
• Direct requests: Requests must be made directly to the custodian of the public record.
• Reasonable access: Custodians must provide reasonable opportunities and facilities for inspecting and examining records during usual business hours.
• Electronic records: If records exist in electronic form, copies must be made available in that format if requested.
• Request specificity: All requests must clearly specify the information being sought with reasonable detail.
• Response time: Custodians must respond within a maximum of five days (excluding weekends and holidays) by either:
  • Furnishing the requested information
  • Advising where and when the information can be inspected
  • Denying the request in writing with reasons
• Fees: Public bodies may establish reasonable fees to cover the actual cost of reproducing records but cannot charge for search or retrieval time.
• Online database: The West Virginia Secretary of State (SOS) must maintain an online database of FOIA requests and their outcomes that is accessible to the public.
• Reporting form: A standardized form is provided for public bodies to report the results of FOIA requests.
• Appeal process: If a request is denied, the requester has the right to seek injunctive or declaratory relief in the circuit court where the record is kept.

What is the West Virginia Open Governmental Proceedings Act?

The West Virginia Open Governmental Proceedings Act, outlined in West Virginia Code Section 6-9A1, defines a "meeting" as any gathering of a quorum of the members of a public body to deliberate and decide on public policy. The act mandates that accurate minutes of meetings be recorded, including the date, location, members present, proposals, discussions, and votes.

However, it does not apply to judicial or quasi-judicial proceedings, on-site inspections, single-party caucuses, or discussions about scheduling meetings.

Who Can Access Public Records in West Virginia?

According to the WV FOIA (West Virginia Freedom of Information Act), as described in the provided text, access to public records in West Virginia is broadly inclusive. The law states, "Every person has a right to inspect or copy any public record of a public body in this state". This means that:

• There are no restrictions based on citizenship or residency.
• Both individuals and organizations can make requests.
• The requester does not need to provide a reason or justify their interest in the records.

The law does not differentiate between types of requesters. Whether a journalist, researcher, business owner, or private citizen, all individuals have equal rights to access public records.

The only requirement for requesters is to state their request "with reasonable specificity", meaning the records sought must be described clearly enough for the custodian to identify them. No special qualifications or credentials are needed to access public records.

West Virginia Public Records Search

Accessing public records in West Virginia is facilitated online and offline.

Many public records have been digitized and are available through various government portals. Access to these databases might require registration, fees, or specific search criteria. Requesters can also obtain the state's public records through traditional methods, such as in-person visits and mail-in requests.

How To Find West Virginia Public Records Online

Finding public records online in West Virginia involves utilizing the primary method, which is through official state websites. To request public records online, follow these steps:

• Identify the specific type of record needed (e.g., court records, property records, vital records).
• Visit the relevant government website.
• Once on the relevant website, locate the search function, typically found on the homepage or under a specific section for public records.
• Enter specific search criteria, such as names, dates, case numbers, or property addresses.
• Click on the desired record from the search results to view more details.
• If a fee is required, find payment options online, such as credit card processing.

Alternatively, individuals can use third-party websites, which can be convenient as they often gather information from multiple sources. While the process may vary, it generally involves the following steps:

• Start by selecting a credible third-party website that aggregates public records in West Virginia.
• Provide the necessary information, such as email address and payment details.
• On the website's homepage or search interface, choose the type of record needed.
• Input the required details into the search fields.
• Carefully review the results to select the correct record.
• Once the full record is accessed, download it to the device or print it.

Third-party services may not always have the most recent information, as updates from official sources can lag. Also, they might charge for access to comprehensive reports that are otherwise available for free or at a lower cost through government websites.

How To Find West Virginia Public Records Offline

In West Virginia, individuals can access and request certified copies of public records offline through in-person visits and mail-in requests.

For in-person requests, the following steps can be taken:

• Determine which government office holds the necessary records.
• Visit the agency's website or call ahead to confirm office hours and any specific requirements for accessing records.
• Go to the agency's physical location with the necessary identification and any required documentation.
• To request the records, fill out any required forms. Staff can assist with the process and inform of any associated fees.

Mail-in requests are convenient for those unable to visit an office in person and require careful form completion. For this option, the following steps can be taken.

• Download or request the appropriate form from the agency's website or by calling the office.
• Fill out the form with accurate details to avoid delays.
• Attach a check or money order for any required fees.
• Send the completed form and payment to the agency's specified address. Consider using certified mail for tracking purposes.
• Allow sufficient time for processing and delivery of the requested records.

Note that some public agencies, like the West Virginia State Treasurer's Office (WF STO), accept written FOIA (Freedom of Information Act) requests via U.S. Mail. No specific form is required, but a clear description of the records sought is necessary.

Types of Public Records in West Virginia

West Virginia offers various public records that are important for various purposes, including legal proceedings, genealogical research, and property transactions. Some of the most requested types of public records in West Virginia include:

State of West Virginia Public Court Records

West Virginia Code Section 51-1-4 provides a presumptive right of public access to court records and proceedings.

The West Virginia court system is structured as a pyramid, with the Supreme Court of Appeals at the apex, which oversees appeals from lower or trial courts and maintains administrative authority, and the Intermediate Court of Appeals, which manages appeals in civil, family, and administrative cases.

The West Virginia Court Rules affirm that all persons are entitled to complete information regarding the system unless confidentiality is expressly provided by law or a court order limits access.

Individuals can visit the courthouse where the case was heard to access and obtain copies of court records. The West Virginia Judiciary does not currently offer a comprehensive online public court records portal but provides the county court information map to find detailed contact information for the appropriate courthouse.

West Virginia Public Bankruptcy Records

Bankruptcy records are public information in West Virginia. However, the state requires specific exemptions, detailed in West Virginia Code Section 38-10-4, to protect certain property information during bankruptcy.

The federal bankruptcy courts located in the Northern District of West Virginia and the Southern District of West Virginia have jurisdiction over managing bankruptcy petitions, discharges, and records in the state. Obtaining records from any bankruptcy court location will provide a detailed account of the debtor's financial situation and the progress of the bankruptcy case, including:

• Debtor information
• Case number and filing date
• Chapter of bankruptcy
• Docket entries
• Creditor information
• Assets and liabilities
• Schedules and statements

In addition to contacting (whether by mail or through an in-person visit) a bankruptcy courthouse in West Virginia, individuals have other options for obtaining bankruptcy records in the state.

The Multi-Court Voice Case Information System (MCVCIS) allows access via an automated toll-free line at (866) 222-8029, and the Public Access to Court Electronic Records (PACER) system provides 24/7 online access to bankruptcy records.

Lastly, archived records can be accessed through the National Archives and Records Administration (NARA) by contacting the clerk's office and submitting a NARA Bankruptcy Cases Order Form.

County Court Records in West Virginia

County court records in West Virginia provide a repository of legal documentation necessary for legal proceedings. Accessing county-level court records can vary by county, as each of West Virginia's 55 counties is responsible for managing and providing access to their respective court documents. Information typically includes:

• Civil and criminal case files
• Probate records (wills, estate inventories, guardianships)
• Land records (deeds, mortgages, leases)
• Naturalization records
• Tax records
• Court orders and judgments

At the county level, West Virginia's court system consists of several key components. Circuit Courts serve as the primary trial courts in each county, handling major civil and criminal cases. They also function as appellate courts for decisions made in lower courts.

Family Courts, present in most counties and sometimes serving multiple counties, specialize in domestic relations cases. Magistrate Courts, found in every county, handle misdemeanors and small claims, while Municipal Courts deal with more serious cases.

Many county courts now offer online access to court records, though the level of detail and ease of access can vary. To find out if online access is feasible for a specific county court, navigate the county court information map provided on the West Virginia Judiciary website.

For more comprehensive or historical records, individuals may need to visit the county courthouse in person or submit a formal request to the clerk's office.

West Virginia Criminal Records

Criminal records are official documents maintained by law enforcement and justice departments. The Criminal Identification Bureau of the West Virginia State Police (WVSP) serves as the central repository for these records, which are governed by West Virginia Code Section 15-2-24and classified as confidential but accessible under specific conditions.

Criminal records include:

• Name, date of birth, and physical descriptions of the arrested individuals
• Details of arrests, including dates and charges
• Information about convictions, sentences, and any prison time
• Photographs taken at the time of arrest
• Information on any probation or parole conditions

Criminal records can be obtained at the WVSP, where individuals can submit requests either via IdentoGO services or by mailing requests directly to the WVSP Headquarters at the address:

For specialized criminal background checks for family-related matters, contact the West Virginia Health and Human Services Bureau of Children and Families (WV HHSBCF).

West Virginia Public Arrest Records

West Virginia Code Section 15-2-24 outlines the responsibilities of law enforcement agencies in maintaining and disseminating criminal history records, including arrest records.

However, certain information may be redacted or withheld if it falls under exemptions, such as cases involving juveniles, domestic violence, or mental health issues. Additionally, as mandated in West Virginia Code Section 61-11-25, expunged arrest records are not available to the public.

Arrest records in West Virginia typically include the following information:

• Personal information
• Arrest details
• Offense information
• Mugshots
• Fingerprints
• Court information

West Virginia allows individuals to request arrest records in person. Interested parties can visit the local law enforcement agency where the arrest occurred. Alternatively, arrest records can be obtained by mail. Individuals must write a formal letter to the relevant law enforcement agency or county courthouse to request access to these records.

Lastly, arrest records can be accessed by conducting a criminal background check through the WVSP (West Virginia State Police), as these records are typically included in criminal records.

West Virginia Vital Records

West Virginia vital records provide official documentation of significant life events, including births, deaths, marriages, and divorces. The West Virginia Department of Health and Human Resources (WV DHHR), specifically the West Virginia Vital Registration Office (WV VRO), maintains these records.

West Virginia is a "closed records" state, meaning that vital records are not immediately available to the general public. Birth records become public after 100 years, while death, marriage, and divorce records become public after 50 years.

Until these periods elapse, access to certified copies of vital records is restricted to the individuals named in the records, their immediate family members, and authorized legal representatives.

West Virginia Public Birth Records

The WV VRO (West Virginia Vital Registration Office) is the central repository for birth certificates from 1917 to the present. For births before 1917, county clerks in counties like Ohio and Jefferson maintain records.

The State VRO offers online and offline methods for obtaining certified copies of vital records. Individuals can request records in person for same-day service. Requesters must bring acceptable identification and the appropriate fees at:

Alternatively, requesting a birth record can be obtained through mail. Individuals should fill out the Application for Certified Copy of West Virginia Birth Certificate, including the registrant's full name, date of birth, parent's names, and place of birth. Send the completed application, identification, and payment to:

To obtain a copy through phone, internet, or fax, VitalChek provides an expedited service from the WV VRO. Individuals can contact VitalChek by phone (877-448-3953), fax (866-870-8723), or through their website. Eligible record seekers can also find West Virginia public birth records at the West Virginia Archives and History Library.

West Virginia Public Death Records

Access to death records in West Virginia is generally restricted to the decedent's immediate family members, grandparents, funeral director, and legal representatives. However, these records become publicly accessible 50 years after death, at which point anyone can request a copy. Public death records typically include the following details:

• The decedent's full name
• Time and place of death
• Birth records, including date and place of birth and names of birth parents
• Cause of death

The process for obtaining death records from the WV VRO (West Virginia Vital Registration Office) is similar to obtaining birth records, with the main difference being the form used. Individuals should download and complete the Application for Copy of West Virginia Death Certificate Form.

In addition to the WV VRO, interested individuals can access these records through the West Virginia Vital Research Records Project. It offers a web-based database with images of death records from 1917 to the present. Certified copies are not available in this database.

West Virginia Public Marriage Records

In West Virginia, marriage records are not immediately public. These records are confidential for the first 50 years after they are filed. During this period, access is restricted to:

• The individuals named on the record
• Immediate family members, which include parents, siblings, children, and grandparents
• Legal guardians and representatives
• Others who have a valid court order granting access to the record

The process for obtaining marriage records in West Virginia is similar to that for other vital records, but it requires a different form. For mail requests, download and complete the Application for Certified Marriage Certificate form.

Marriage records from 1964 onwards can be requested from the WV VRO (West Virginia Vital Registration Office). For records before 1964, requests should be sent to the county clerk's office in the county where the marriage license was issued.

West Virginia Public Divorce Records

West Virginia public divorce records contain specific information related to the dissolution of marriage, but they also have specific exclusions to protect privacy. Divorce records are maintained at the 27 Family Courts in West Virginia.

West Virginia public divorce records typically contain the following information:

• Names of both parties involved in the divorce
• Date and location of the divorce filing and finalization
• Case number assigned to the divorce
• Grounds for divorce, if stated in the public record
• Details of settlements or judgments, such as child custody, alimony, and property division
• Names of legal representatives involved in the case, if applicable

To obtain divorce records, individuals should contact the office of the clerk in the county where the divorce was finalized. Required information includes the full names of both parties, the approximate date of the divorce, and the case number, if available.

West Virginia Property Records

Most property records in West Virginia are open to the public, allowing individuals to access information about real estate transactions, ownership, and property characteristics.

According to West Virginia Code Section 37-10-1, assessors and clerk offices in each county are responsible for maintaining and updating these records for property assessment and taxation purposes. Property records typically encompass the following documents:

• Property deeds
• Building sketches
• Property maps
• Tax and assessment records
• Mortgages and liens

To obtain property records in West Virginia, individuals can pursue several avenues. The primary method is contacting the relevant county office directly. Many counties also provide online access through their assessor websites, such as the " Wirt County Property Record Search" tool.

For a more comprehensive approach, the state offers two centralized resources: the West Virginia Property Viewer and the WV Property Assessment Portal. These statewide tools enable users to search for and view property ownership and location information across all 55 counties in West Virginia.

West Virginia Inmate Records

West Virginia inmate records are public information under the WV FOIA (West Virginia Freedom of Information Act), codified in West Virginia Code Section 95-3-24. These records typically include the following when accessed:

• Mugshot
• Full legal name and aliases of the inmate
• Physical description
• Inmate ID number
• Offense and sentence information
• Facility of incarceration
• Inmate status

The West Virginia Division of Corrections and Rehabilitation (WV DCR) provides an online Offender Search tool to access information about inmates incarcerated in county jails and state prisons. It also offers details about escapees and absconders.

The tool's Daily Incarcerations feature allows users to search for new inmates by entering their name, state agency number, or other identifiers.

Alternatively, individuals can submit a written request to the record custodian, citing the West Virginia FOIA. Include the requester's contact information, a detailed description of the records sought, and any applicable fees. Requests should be sent to:

The WV DCR typically charges $0.30 per page for copied records and $10 for digital copies. Before sending a request, contacting the division for an estimate of applicable fees is advisable.

West Virginia Traffic Records

West Virginia's traffic records system is integral to the state's efforts to enhance road safety and manage highway safety programs. The Traffic Engineering Division of the West Virginia Department of Transportation (WV DOT) coordinates the system. It involves multiple agencies, including the WVSP (West Virginia State Police) and the Division of Motor Vehicles (DMV).

These agencies are responsible for collecting, analyzing, and maintaining comprehensive traffic data. The West Virginia Governor's Highway Safety Program (GHSP) has been actively involved in updating the Traffic Records Coordinating Committee and developing strategic plans to improve traffic safety.

The GHSP relies on various data sources, including the Fatality Analysis Reporting System (FARS) and the West Virginia DOT Crash Database, to inform their strategies.

West Virginia driver's license holders can obtain their traffic or driving records through the DMV's driving record portal, which requires personal information. Mail requests need a completed form, ID, and fee, while in-person requests require a visit to a DMV office with ID.

License Plate Lookup in West Virginia

In West Virginia, there is no official government online tool for conducting a public license plate lookup that directly provides detailed vehicle history from state resources.

However, several third-party services offer license plate lookup systems, allowing users to access vehicle information by entering a license plate number. While these tools can be useful, they rely on data aggregated from various sources and may not always be as accurate or comprehensive as official state records.

For official state records, individuals should visit any West Virginia DMV (Division of Motor Vehicles) regional office to perform a license plate lookup in person.

What Information is Exempt from the Public Records Act in West Virginia?

Under the West Virginia Code Section 29 B-1-4, some records are protected by legal exemptions. Here are the exemptions based on the code:

• Trade secrets and commercially valuable information
• Personal information that would constitute an unreasonable invasion of privacy if disclosed
• Test questions, scoring keys, and other examination data
• Certain law enforcement records related to crime detection and investigation
• Information specifically exempted from disclosure by other statutes
• Records describing locations of undeveloped historic, archaeological, or battlefield sites
• Certain financial institution examination and supervision reports
• Internal memoranda or letters of public bodies
• Records related to preventing or responding to terrorist acts
• Specific intelligence and investigative records dealing with terrorism
• Classified national security records
• Computing and network security information
• Security and disaster recovery plans
• Architectural designs showing locations of critical infrastructure
• Facility security system codes
• Specific engineering plans for public utility plants and equipment
• Customer proprietary network information of telecommunications carriers
• Certain records of corrections and juvenile services facilities
• Information related to concealed weapon permit applications
• Personal information of law enforcement officers and their families
• Information on anonymous lottery winners
• Individually identifiable customer information from publicly-administered utilities
• Certain records related to vulnerability assessments and response plans for terrorist acts

Other Public Records in West Virginia

The following are the additional types of public records accessible in West Virginia:

• Sex Offender Registry: The WVSP (West Virginia State Police) maintains a sex offender registry, which is made publicly accessible to promote community safety and awareness.
• Warrant Records: Warrants authorize law enforcement to perform specific actions. These may include arresting suspects, searching properties, seizing evidence, detaining individuals who missed court appearances, and executing court orders in civil cases.
• Business Records: The WV SOS (Secretary of State) oversees business filings and registrations. These records can be accessed through the SOS official website.
• Environmental Reports: The West Virginia Department of Environmental Protection (WVDEP) manages air and water quality reports. The Division of Air Quality handles air quality data, while the Division of Water and Waste Management oversees water quality reports, including the Integrated Water Quality Monitoring and Assessment Report.
• Health and Wellness Statistics: The West Virginia Department of Health and Human Resources's Health provides data on health conditions, risk factors, and public health initiatives.

Frequently Asked Questions

Individuals can review the following to gain further insights into West Virginia public records:

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