West Virginia Public Record Law

The state's public record law, commonly called the West Virginia Freedom of Information Act(FOIA), is outlined in Chapter 29B of the state's Code. This Act grants members of the public the right to access complete information on the business of the government and the official acts of its employees and officials. In other words, unless otherwise expressly exempted from disclosure, records of government agencies may be accessed by anyone in the state.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in West Virginia?

All requests for public records in West Virginia should be submitted to the relevant government agency. Each public agency in the state has an employee who serves as the official custodian of public records maintained or kept by the agency and their contact information may be found on their website. Per state law, public records custodians in West Virginia must allow interested parties to access (inspect or copy) public records during regular working hours.

How Do I Request Public Records in West Virginia?

Anyone looking to inspect or obtain copies of public records in West Virginia may do so by taking the following steps:

  • Identify the government agency (state or local) in the custody of the public record they seek to obtain.
  • Contact the public record custodian to inquire about their process (if information about the procedure is not clearly provided on their website).
  • Prepare the request and submit it to the public agency (through its record custodian) directly using the prescribed submission means. This will largely be by mail, in person, by email, or online. You may be required to pay certain fees and provide an identification card.
  • Wait for the public agency to retrieve copies of the requested documents or information and furnish you with them.

All public records requests to public agencies in West Virginia must reasonably describe the document or information sought to facilitate easy retrieval. In addition to requesting copies of West Virginia public records from the relevant government agencies, some credible third-party companies also provide access to some of the state's public records online through their websites.

What Records are Public in West Virginia?

The following government records are generally considered public and frequently requested in West Virginia:

  • Law Enforcement Agency Records - These include arrest records, warrant information, incident logs, jail records, accident reports, and sex offender registries.
  • Property Records - Public property records in West Virginia include property assessment data, deeds, mortgages, property tax records, land use permits, and surveys.
  • Legislative Records - There are records in the custody of the state's legislative arm of government, and they include minutes of meetings, bills, and resolutions, committee reports, and lawmakers' voting records on various legislations.
  • Government Financial Records - These are records of the government's expenditures, revenues, budgets, procurements, awarded contracts, financial statements, and audits of financial records.
  • Judicial Records - These are records created during legal proceedings and maintained by the various courts, including Circuit, Magistrate, Family, and Business Courts. Public court records in West Virginia include probate records, civil case files, criminal court records, court decisions, court orders, transcripts, and judgments.

Who Can Request Public Records in West Virginia?

All persons may request public records maintained by public agencies in West Virginia. These include any natural person, firm, corporation, association, or partnership. They may either choose to inspect the records or opt to obtain copies.

What Is the Response Time for Public Records Requests in West Virginia?

As stipulated in Section 29B-1-3 of the West Virginia Code, upon submission of a public record request to a government agency in the state, the custodian must make the record available as soon as is practicable. Generally, the custodian has a maximum of 5 business days to furnish the requester with copies of the requested information or documents.

What Is the Fee Charged for Providing Copies of Public Records?

The cost of obtaining copies of public records in West Virginia varies. Generally, state law requires public bodies to charge the actual cost of reproducing those records. In West Virginia, this does not include a record search or retrieval fee. No public agency in the state charges public record requesters based on the man-hour spent for record search or copying.

What Records Are Exempted Under the West Virginia Public Law?

The West Virginia Code, Section 29B-1-4, lists all the exemptions to the state's Freedom of Information Act. It exempts the following documents or information from public disclosure:

  • Trade secrets
  • Law enforcement records regarding the detection and investigation of crime
  • Any information related to or contained in the examination
  • Certain national security records
  • Personal information of law enforcement officers
  • Personally identifiable information of customers maintained or created by any public entity providing utility services
  • Any information of a personal nature, including the type maintained in a medical, personal, or similar file, whose disclosure would constitute an unreasonable privacy invasion
  • Any other information specifically exempted from disclosure by law