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West Virginia Public Records

The broadness of West Virginia’s open public records laws ensures that virtually nothing is kept out of public view.

It is based on the belief that public servants shouldn’t decide what people should and shouldn’t know, which is quoted in its statute.

The state’s open records law covers the executive, judicial and legislative branches, particularly exemptions. It also has a strict-five day response time for requests. However, the appeals process is lacking.

Those needing to access records have a right to submit a request through the Freedom of Information Act (FOIA).

Every state has different processes, so it’s essential to know the state’s law before requesting any documents.

• Criminal Records
• Court Records
• Inmate Records
• Vital Records

What does the West Virginia public records law say?

Those seeking information in West Virginia don’t have to be residents of the state as there is no citizenship requirement. There are also no required statements of purpose or restrictions on obtaining information.

The West Virginia Freedom of Information Act applies to all “public bodies” and state agencies, including all three branches of government.

Government agencies must respond within a strict five-day time frame. The only exception is if the entity can argue that it isn’t a “public body.”

You can make your request in person, but the Attorney General for the state recommends making your request in writing to “avoid misunderstandings regarding the timing and scope of the request and to ensure that the information sought is stated with “reasonable specificity.”

To learn more about West Virginia codes, visit WestVirginia.gov.

How can I access public records in West Virginia?

Some records are available online, while others require a formal request. If a request is necessary, it can be delivered by mail, email, or phone to the record-holding department.

Every department is different, so expect some variation to the rules if you’re accessing records from multiple places. This can be done by email, mail, or phone, depending on the department where the request is submitted.

In general, a public records request should include:

• Your name
• Contact information
• The name of the document
• Details about the document
• A time frame that you would like to receive the materials by
• Document delivery method, mail or email

West Virginia Criminal Records

Criminal records are documents that cover every instance a person has an encounter with law enforcement that results in an arrest or charges.

Typically, they include a list of misdemeanors and felonies where the person is charged. Most of those wanting to see criminal records are employers doing background checks.

However, someone seeking out a business partner, volunteers for a charity, or domestic help, such as a babysitter, may also want to see someone’s criminal record.

A criminal background check may also be required for specific housing, licensing, and certification in certain professions.

The West Virginia State Police maintains criminal records in the state.

What’s on a West Virginia criminal record?

Criminal records contain information regarding a person’s interaction with law enforcement and the courts.

Details are pulled from local police departments, local criminal courts, and the state prison system.

The criminal record you receive will provide you with this pertinent information:

• Date of birth
• Driver license number
• Photograph/mugshot
• Fingerprints
• Current and past addresses
• Former arrest records
• Current and past warrants

Where can I find West Virginia criminal records?

In West Virginia, the Criminal Identification Bureau under the West Virginia State Police can provide criminal background checks upon approval of the Superintendent.

You can access a criminal record using the West Virginia State Police Third Party Vendor Indentogo.

The West Virginia Health and Human Services Bureau of Children and Families does criminal background checks specifically for families, including caretakers, babysitters, adoptive parents, and other family cases.

However, a requester must have written authorization from the person whose records you obtain.

Other limitations include:

• No family, civil or federal cases are included
• It doesn’t include non-criminal cases or misdemeanor cases
• It doesn’t have youth offender cases
• Criminal cases transferred or removed to family court as not included

West Virginia Inmate Records

Sometimes, employers or others want to look at inmate records to get more information about a person’s criminal history. Inmate records can provide a wealth of information about a case, including the charges, the sentence, and when the person was released from incarceration.

Crime victims may also do inmate checks to see when a felon will be removed or when they might be up for parole to make their petitions known to officials.

The West Virginia Division of Corrections and Rehabilitation maintains inmate records in the state.

What’s on a West Virginia inmate record?

West Virginia is similar to other states in what it has on an inmate record.

Conducting a public records search can provide the following information on an inmate:

• Name and aliases
• Date of Birth
• Height and weight
• DOC ID
• Booking photo
• Assigned location
• Sentence summary

Where can I find West Virginia inmate records?

You will visit the West Virginia Regional Jail and Correctional Facility Authority to access the inmate record.

Once there, look for offender search. You will need some basic information such as a name or identification number to complete your search.

West Virginia Court Records

Court records have some of the most thorough information of all public records, and the West Virginia judicial system is large and complex.

Most files are quite thick as they contain all documents relating to civil or criminal court cases from the initiation until the end.

There could be several reasons someone would want to look at a file from the court system, including to verify information on potential businesses or business partners, employers looking at job candidates, and for purposes of prenuptial agreements or adoptions.

What’s on a West Virginia court record?

In most cases, court records are pretty large and come with varying documents. Most people find these documents the most helpful:

• Name and aliases
• Dockets.
• Date of Birth
• Height and weight
• DOC ID
• Booking photo
• Assigned location
• Sentence summary

Where can I find West Virginia court records?

To find court records in West Virginia, requesters must begin their search on the West Virginia Judiciary Administrative Office of the Court’s website.

You may go look up the local or circuit courts where the case was held.

You will need to call the court and possibly visit to obtain court files as there is no online database in the State of West Virginia. Requesters should go to the clerk’s office or ask to speak with the County Clerk.

The only online search is through the West Virginia State Law Library, but it is minimal.

West Virginia Vital Records

The West Virginia Department of Health and Human Resources Vital Registration Office maintains vital records in the state.

West Virginia’s vital records include:

• Birth Certificates
• Death Certificates
• Marriage Licenses
• Divorce Decrees

Public record requests for vital records in West Virginia will vary depending on the document you are requesting.

West Virginia Department of Health and Human Resources – Vital Registration Office
Vital Registration Office
Room 165
350 Capitol Street
Charleston, WV 25301-3701

Phone number: 304-558-2931

What information do I need to request a West Virginia birth certificate?

The Application for Certified Copy of West Virginia Birth Certificate will ask for specific information when ordering a birth record.

• Full name on the birth certificate
• Date of birth
• Parents’ full name before marriage
• City, county, state, and hospital of birth

Where can I find a West Virginia birth certificate?

You can order a West Virginia birth certificate online using.

Or, you can request a certified copy of a West Virginia birth record by completing the Application for Certified Copy of West Virginia Birth Certificate and submitting it by mail or in person.

The cost of a certified birth certificate in West Virginia is $12.

What information do I need for a death certificate in West Virginia?

The Application for Copy of West Virginia Death Certificate will ask for specific information when ordering a copy of a death record.

• Full name on the death record
• Date of death
• City, county, and state of death
• Gender

Where can I find a West Virginia death certificate?

You can order a West Virginia death certificate online using.

Or, you can request a certified copy of a West Virginia death record by completing the Application for Copy of West Virginia Death Certificate and submitting it by mail or in person.

The cost of a certified death certificate in West Virginia is $12.

What information do I need for a marriage certificate in West Virginia?

The Application for Certified Marriage Certificate will ask for specific information when requesting a marriage record.

• Spouses’ full name before marriage
• The city, county, and state the marriage occurred

Where can I find a West Virginia marriage certificate?

You can order a West Virginia marriage certificate online using.

Or, you can request a certified copy of a West Virginia marriage record by completing the Application for Certified Marriage Certificate and submitting it by mail or in person.

The cost of a certified marriage certificate in West Virginia is $12.

You can also contact the County Clerk where the marriage took place. Forms, fees, and office hours vary.

What information do I need for a divorce certificate in West Virginia?

The Clerk of the Circuit Court maintains divorce records in West Virginia.

The forms, fees, and office hours will differ depending on the jurisdiction.

Where can I find a West Virginia divorce certificate?

You will need to contact the Clerk of the Circuit Court where the divorce decree was issued.

Berkeley County Circuit Clerk’s Office
380 W South St
Suite 2200
Martinsburg, WV 25401

Phone number: 304-264-1918

West Virginia Property Records

The County Clerk’s Office maintains all property records in West Virginia.

The property records you can access include:

• Liens
• Land records
• Titles
• Property deeds
• Real estate information
• Mortgages
• Property tax assessment records
• Zoning information
• Probate
• Voter registration

For data, parcel, and land use maps, you will need to contact the Geographic Information System(GIS) to ask about public access.

What information do I need to request property records in West Virginia?

You will need basic information to access a property record in West Virginia.

Forms, fees, and office hours will vary depending on the County Clerk’s Office where the property record is maintained.

Where can I find a West Virginia property record?

You will need to contact the County Clerk’s Office where the property record is maintained.

Example – Office of Kanawha County Clerk
Office of Kanawha County Clerk Website
PO Box 3627
Charleston, WV 25336

Phone number: 304-357-0101

FAQs

Can a request be submitted by non-residents of West Virginia?

Anyone in the United States can request public documents even if you aren’t a resident of West Virginia.

Is there a records custodian in West Virginia?

West Virginia does not have a designated records custodian called the Supervisor of Public Records.

What exemptions exist for public records requests in West Virginia?

West Virginia has no exemptions unless the government agency can prove they are not a public entity.

How long does that state have to respond to a public records request in West Virginia?

Government agencies and public entities have five days to respond to a public records request.

Is there an appeals process in place for public records requests in West Virginia?

Appeals are sent to the Supervisor of Public Records, and the SPR could order the agency with the records to comply.

The SPR could send the appeal to the state Attorney General if the agency refuses. The request could also be sent to the local district attorney.

What fees are associated with requesting public records in West Virginia?

Fees are issued but strictly cover copying the documents and do not include search, labor, or processing time.

According to the law, each public body may set its copying fees as long as they are “reasonably calculated to reimburse it for its actual cost of making the reproduction of records,” according to the law.