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West Virginia Arrest Records: How to Find Arrest Records in West Virginia

West Virginia Arrest Records: How to Find Arrest Records in West Virginia
October 10, 2022

West Virginia arrest records are documented by official law agencies in the state. 

 

This is a record that the arresting officer created in the name of the person detained for a misdemeanor, infraction, or crime. 


The record offers thorough information regarding the detained person's arrest and detention. The numerous crimes and the associated penalties are described in West Virginia Code Chapter 61. 

 

Any person suspected of being guilty under this code is subject to arrest by law enforcement officers.


Although West Virginia arrest records are also included in criminal records, it does not represent conclusive proof of a person's offense. 

 

The criminal justice department, law enforcement agencies, and other organizations at various levels of government in West Virginia maintain this record. 

 

When a person is cleared of the charges, the state permits removing some information from the record.

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How to Perform a West Virginia Arrest Records Search


For those who want to gain access to West Virginia arrest records and no other files, you can use public records search websites. 

 

Sites such as backgroundcheck.co provide immediate access to public records, including arrest records in every state. 

 

This is useful when performing a background check on individuals in West Virginia or other states. However, if you simply want to find arrest records in West Virginia, here is how you can do it:


West Virginia Public Arrest Records Standing


Yes! According to the state's Freedom of Information Act, arrest records in West Virginia are available for public review. 

 

In addition, every neighborhood police department or sheriff's office creates and keeps arrest records. 


However, the central repository for public arrest data is The WV Regional Jail & Correctional Facility Authority. 

 

The WV Regional Jail & Correctional Facility Authority offers a free online search tool for anyone interested in looking for arrest records. 

 

Alternatively, interested parties can conduct an arrest record search at their neighborhood police station or sheriff's office.

handcuffs and a gavel on a book


In West Virginia, arrest records are regarded as public documents. 

 

This suggests that many governmental entities, including municipal, county, and state law enforcement, have access to West Virginia arrest records upon request.


Who Can Access West Virginia Arrest Records?


The person who was arrested, their employers, and third parties have access to arrest records in West Virginia files. 

 

While conducting background checks on a person, employers and other parties can access West Virginia arrest records. 

 

In addition, businesses or other employers perform background checks to learn about a person's past. 


When convictions are sealed, the court may block access to arrest records. In addition, an arrested person, public official, or government agency may ask a court to have certain convictions sealed based on specific state laws. 

 

The records become inaccessible as a result. The following situations are affected by certain federal and state exemptions regarding access to arrest records:


* Sharing the information puts the case's or connected cases' ongoing investigations in danger.


* Sharing the information puts the lives of anyone helping with a criminal investigation in peril.


* Authorized parties, such as parents, may only access records for juvenile suspects. However, anybody may also access records of minor suspects with a court order.

a man's handcuffed hands in front of his body


How to Find Arrest Records in West Virginia?


West Virginia arrest records are accessible to anyone, both physically and online. 

 

If there is a need for physical access, someone curious about a third party's arrest history can get in touch with the local sheriff's office or police force that made the arrest. 

 

Requests for access to arrest records are handled differently by police departments and sheriff's offices. Additionally, there are extra costs for personally accessing arrest records.

 

Most police agencies and sheriff's offices offer a way for anyone to seek arrest records online. 

 

The request is submitted electronically, though occasionally, forms can be printed and delivered in person at the police station or sheriff's office.


Aside from using third-party websites, people interested in arrest records can also use other internet services. 

 

When using these search service providers to get arrest records, they will give their full names and location. 

 

Additionally, one must pay the set charge for the service. The West Virginia State Police also has an online criminal history search engine for the public to access criminal records.


In West Virginia, the court has the authority to subpoena anyone to produce papers, records, or other items, such as arrest records, before a trial so that the parties or their attorneys may inspect them. 

a magnifying glass on a computer keyboard

 

A sheriff, a deputy sheriff, or any trustworthy individual who is not a party to the litigation and is at least 18 years old may issue a subpoena. 


According to Rule 17 of the West Virginia Rules of Criminal Procedure, you may serve the subpoena anywhere in the state if someone disobeys a subpoena without giving a good reason. 

 

It will be regarded as contempt of court in that situation.


Conclusion


In West Virginia, arrest records are kept indefinitely. This means that criminal histories do not vanish over time. 

 

Until specific legal actions are taken, any entry put on a person's official arrest record remains for as long as possible.


The only way for anyone to get an error on their arrest record erased is through legal expungement or pardon procedures. 

 

You can also find information on an individual's arrest and court outcome by visiting the criminal history section of the National Crime Information Centre.

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