West Virginia Arrest Records

In 2022, West Virginia law enforcement agencies reported 28,575 arrests, according to National Incident-Based Reporting System (NIBRS) data. The most frequent cause of arrests was for drug abuse violations, accounting for 19.8% of all arrests. Simple assault followed closely at 12.0%, while larceny-theft comprised 10.1% of arrests. Driving under the influence (DUI) represented 7.7% of the total. The data also revealed a significant gender disparity among those arrested, with male offenders making up 70.6% of all arrestees, while female offenders accounted for 29.4%.

What Is an Arrest Under West Virginia Law?

An arrest is generally the taking, seizing, or detaining of an individual by another person by any act indicating an intention to take them into custody and subject them to the actual control and will of the person making the arrest.

Type of Arrests in West Virginia

If you have violated a law in West Virginia, the state generally provides for an arrest to be made with or without a warrant.

Warrant Arrest

Chapter 62 of the West Virginia Code outlines warrant arrest in the state. A warrant arrest may be made with an arrest warrant, which is initiated by a written statement or complaint of essential facts that an individual is suspected of having committed a crime. The written statement is typically made under oath by a law enforcement officer before a justice of the peace.

The sworn statement must be signed by the justice and contain the name of the suspect, if the name is known, or any name or description by which the suspect may be identified with reasonable certainty, the offense charged, and a command that the suspect be arrested and brought before a justice of the county in which the warrant is executed. However, the magistrate or judge will only sign the warrant if there is probable cause to believe that an offense was committed and that the suspect has committed the offense.

The arrest warrant may be executed at any place or time with the suspect's arrest. The arresting officer does not have an arrest warrant in their possession at the time of the arrest, but upon the suspect's request, the arresting officer must show the warrant to the suspect as soon as possible. If the arresting officer does not possess the warrant at the time of the arrest, they are required to inform the suspect of the specific offense they are being charged with and notify them that a warrant has been issued.

An arrest in West Virginia may also be made pursuant to a bench warrant. A bench warrant is an arrest warrant issued by a judge against a suspect in a criminal case or a similar proceeding, such as for a traffic violation. A bench warrant is typically issued when the defendant fails to appear in court. In serious criminal cases, failure to appear may result in issuing a standard arrest warrant, prompting immediate efforts to locate and detain the defendant. A bench warrant, however, usually does not result in an immediate police visit to the defendant's home. Instead, the name of the defendant is entered into a statewide law enforcement database. Consequently, any interaction with police, even for an unrelated incident, may result in the individual being taken into custody due to the outstanding bench warrant.

Note that an arrest warrant generally remains in effect until the defendant or subject is apprehended, taken into custody, and brought before the court. However, an exception applies to warrants issued for criminal offenses. Such warrants expire when the statute of limitations for the offense lapses. Additionally, the issuing judge or magistrate may cancel an unexecuted warrant upon the state's request, as outlined in Rule 4(d)(4) of the West Virginia Rules of Criminal Procedure.

Warrantless Arrest

West Virginia laws allow law enforcement officers to make an arrest without a warrant. However, per Chapter 62-1-5 of the West Virginia Code, when a warrantless arrest occurs for an offense committed in the presence of the arresting officer or as otherwise authorized by law, the arresting officer must take the arrested person without unwarranted delay before a magistrate of the county where the arrest was made.

For instance, West Virginia allows a warrantless arrest in matters of domestic violence. According to Chapter 48-27-1002 of the West Virginia Code, a law enforcement officer is authorized to arrest an individual without first obtaining a warrant if:

• The arresting officer has observed credible corroborative evidence that an offense has occurred; and either
• The law enforcement officer has received from a witness or the victim a written or oral allegation of facts constituting a violation of Section 28, Article 2, Chapter 61 of the state code; or
• The law enforcement officer has observed credible evidence that the accused committed the offense.

What Are West Virginia Arrest Records?

Arrest records in West Virginia are official or government records pertaining to the arrest or detainment of an individual by law enforcement agencies in the state. It is not typically the same as criminal records, which are comprehensive records of an individual's interactions with all law enforcement, courts, and any other arm of the criminal justice system in West Virginia. Criminal records contain conviction, sentencing, and parole or probation information. Arrest records are typically included in criminal records but are not as extensive as criminal records.

A West Virginia arrest record typically contains the following:

• The personal information of the arrestee: The full name, age, race, sex, height, address, weight, and hair color
• The booking information of the arrestee: The booking number and the arresting agency
• Arrest location and time
• Photograph and mugshot
• Charges filed
• Bond or bail information, such as the bond amount

How Can Arrest Records Be Accessed in West Virginia?

West Virginia arrest records are typically public and may be accessed in the following ways:

West Virginia State Patrol

Since arrest records may be accessed as part of criminal history information, you may request a criminal history record from the West Virginia State Police. The West Virginia State Police partners with a third party (Identogo) to provide access to criminal history background checks. To request a criminal history report, visit the third party's website or call the third party toll-free at (855) 766-7746.

Local Law Enforcement Search

Local police departments and county sheriff's offices in West Virginia generally maintain arrest records for their respective jurisdictions. You may submit a request to these agencies in person or via other permitted methods, such as phone or email. Some agencies provide online portals where users may search for arrest records. If the agency offers no online option, a formal request may be required, which often entails providing the individual's name and the date or case number of the arrest.

West Virginia Court Record Search

Arrest records associated with court cases may be accessed at the circuit courts or magistrate courts where the arrest led to a criminal proceeding. You may request access to these records by visiting the courthouse in the county where the arrest occurred. Some courts may have online databases where case-related records, including arrest details, can be accessed. For instance, the state provides online access to case record information for magistrate courts via the Magistrate Case Records Search.

Third-party Databases

Some third-party services generally compile public records, including arrest records, from various sources in West Virginia. These sites often provide online search functions and may offer a quicker option for those seeking basic arrest information. However, the accuracy and completeness of the data on these platforms can vary, as they are not directly affiliated with government entities.

How Long Will an Arrest Report Stay on Your West Virginia State Records?

Arrests generally remain on an individual's record indefinitely unless they take legal steps to have them expunged.

Can You Expunge Your Arrest Records in West Virginia?

An expungement in West Virginia refers to a court order sealing a record from any criminal records you have, making that particular record inaccessible to the public. The state allows arrest records related to any dismissed charges you have and enables some convictions to be fully removed from your records when a certain amount of time has been reached and a judge issues an expungement order.

The laws regulating expungement in West Virginia is complex. Hence, if you are seeking expungement for one or more arrest records, it is typically recommended that you consult with an expungement attorney before filing an expungement petition.

Specifically, you may be able to expunge arrest records relating to your criminal charges when:

• The particular charges weren't involved in any plea agreement with another offense
• The case was deferred or it went through a diversion during the pre-trial process resulting in dismissed charges plus:
  • You didn't have a felony conviction previously
  • There aren't pending charges being held against you

If you were arrested and charged by not convicted of a crime, you are required to go through a 60-day waiting period before you may apply for expungement.

If after a deferred adjudication or a pre-trial diversion, the charges are dismissed you have a 60-day waiting period before you might qualify for expungement.

Also, you may be eligible for an expungement of an arrest record related to a criminal conviction when it is related to one or more misdemeanors or one or more non-violent felonies. Pursuant to Section 61-11-26 of the West Virginia Code, you may be eligible for expungement one year after the conviction and completion of an incarceration sentence and supervision period. If you want to expunge arrest records related to multiple misdemeanor convictions, you must wait two years after the last conviction and completion of any sentence of incarceration and supervision period. The state also makes provision for a person who has a medically documented history of substance abuse who meets other criteria to have accelerated expungement. The other required criteria for an accelerated expungement include:

• The successful compliance with a substance abuse treatment or recovery and counseling program accredited by the Secretary of the Department of Health and Human Resources; or
• Graduates from a West Virginia Department of Education approved job readiness adult training course; or
• Both criteria listed above, if applicable

If you qualify for accelerated expungement, a single misdemeanor, may be expunged upon the completion of an incarceration sentence and period of supervision. Also, multiple misdemeanors may be expunged one year after the final conviction, or after a sentence of a period of supervision.

For felony convictions, only non-violent felony convictions are eligible for expungement pursuant to Section 61-11-26 of the West Virginia Code. An individual may petition the court for expungement five years after completing any sentence of incarceration and any period of supervision.

Also, in some instances, individuals may qualify for accelerated expungement of arrest records related to felony convictions. Under Section 61-11-26a of the West Virginia Code, individuals with a history of abuse with substances that are medically documented may be eligible for early expungement if they meet one or both of the following criteria:

• Successful completion of a recovery or substance abuse program approved by the Secretary of the Department of Health and Human Resources; or
• Graduation from a job readiness adult training course approved by the West Virginia Department of Education; or
• Both, if applicable

In such cases, a single non-violent felony conviction may be expunged three years after completing the incarceration sentence and any supervision period. Note that expungement is only available for a single felony offense or multiple felony offenses arising from the same transaction or a related series of transactions.

Arrest records related to convictions listed under Section 61-11-26(c) of the West Virginia Code are not eligible for expungement. Some of these records typically include convictions for:

• Any offense relating to the use of a dangerous weapon
• Misdemeanors relating the intentionally injuring a minor or a law enforcement officer
• Felonies such as the use of dangerous devices or explosives murder, sexual offenses, or child abuse
• Felonies in which a minor was the victim
• Sexual offenses
• Domestic assault, domestic battery, or, domestic violence
• Neglect and abuse involving an incapacitated adult
• Driving while under the influence of alcohol or controlled substances. Refusing to take a BAC test
• Animal cruelty
• Malicious battery or assault

To file for an arrest record related to a criminal charge but not a criminal conviction, you must submit a completed Motion for Expungement of Criminal Records Due to Acquittal or Dismissal for Reasons Other Than Entry of a Plea form to the circuit clerk's office in the county where the criminal case was filed. If the expungement is for an arrest record related to a criminal conviction, submit a Petition for Expungement of Misdemeanor Violation (if the offense is a misdemeanor or a traffic violation) or a Petition for an Expungement of Felony Violations in the circuit clerk's office.

For your submission to be complete, you may need additional documents, such as documentation of your charges, convictions, and successful completion of your sentence of incarceration or supervision. A filing fee of $200 will be collected in advance. Additional fees may be required, such as, but are not limited to, service and copies at the time of filing.

Also, you may need to submit documentation of your graduation from a West Virginia Department of Education approved Job Readiness Adult Training course or documentation of your medical history of substance abuse and successful compliance with an approved substance abuse treatment and recovery and counseling program. You are generally required to be in compliance for a period of 90 days with the approved program.

After submitting your petition, you must serve it and all supporting documentation to:

• The State Police Superintendent
• The prosecuting attorney of the conviction county
• The chief of police or other executive head of the municipal police department where the offense occurred
• The chief officer of a law-enforcement organization that participated in the arrest
• The warden, Commissioner of Corrections, or warden of the jail or prison where you were confined; and of any institution where you were confined
• The magistrate, circuit, or municipal court that disposed of the criminal charges

West Virginia generally allows any listed persons or agencies to file a notice of opposition to the court within 30 days of service of the expungement petition. A response to the notice of opposition may be filed 30 days after service. The court has 60 days from the filing of the petition to grant the petition without a hearing, set the matter for a hearing, or deny the petition. Note that an individual granted expungement must pay a $100.00 fee to the Records Division of the West Virginia State Police to cover the cost of processing the expungement. However, this fee is generally waived if the expungement is granted under the expedited procedure for individuals with a medically documented history of substance abuse, as outlined in the relevant state provisions

Once an expungement is granted, court and law enforcement records are sealed from public access, ensuring that the information is no longer available to the public. However, media coverage of the offense or arrest record may remain accessible. In most cases, individuals are not required to disclose expunged offenses on applications for employment or housing. An exception generally applies to certain positions, such as those in law enforcement or other sensitive roles, where disclosure of expunged records may still be required by law.

Is a Citizen's Arrest Legal in West Virginia?

Where there is no specific law within the West Virginia Code legalizing a citizen's arrest, under common law, a private citizen is allowed to arrest another person who commits a misdemeanor in their presence if the misdemeanor constitutes a breach of the peace.

How to Look Up Arrest Warrants in West Virginia

You may look up arrest warrants in West Virginia in the following ways:

Visiting Local Law Enforcement Offices

Local law enforcement agencies in West Virginia generally maintain records of outstanding arrest warrants within their jurisdiction. To inquire about arrest warrants, contact the local police departments and county sheriff's offices in West Virginia.

Several agencies, such as the Kanawha County Sheriff's Office and the Berkeley County Sheriff's Office generally allow the public to search arrest warrants online. These online databases typically provide a convenient way for individuals to check for outstanding warrants without visiting the agency in person.

For jurisdictions that do not provide online search options, you may request information about arrest warrants via telephone or by visiting the law enforcement agency's office in person.

West Virginia Courts

In West Virginia, warrant records are primarily maintained by the circuit court in the county where the warrant was issued. To access these records, you may visit the courthouse in person and submit a request. Upon arrival, court staff will assist in processing the request process, which may include providing specific details such as the name of the individual involved or the case number, if available.

While many records are public, certain warrants may restrict access depending on their nature or the stage of the legal proceedings. In addition to in-person visits, some counties may offer limited online access to court records, though availability varies.

Third-Party Websites

Certain third-party websites generally compile public records, including arrest warrants, from various sources. These platforms often provide paid services that typically allow users to access warrant information from multiple jurisdictions, including West Virginia. While these services can be convenient for obtaining information quickly, the accuracy of the information they provide may be challenging to verify.

Hiring an Experienced Attorney

Hiring a criminal defense attorney to assist in locating arrest warrants may be a good option for persons who are worried that West Virginia law enforcement has an arrest warrant out for them. Attorneys generally have access to resources that allow them to look up warrant information more efficiently than members of the public.

If a warrant is identified, an experienced defense attorney may negotiate terms for voluntary surrender, potentially minimizing the risk of immediate detention. This negotiation may involve arranging for the individual to turn themselves in under more favorable conditions, such as allowing time to prepare or securing legal representation.