West Virginia Court Records

The West Virginia court system is organized into multiple tiers: lower courts, the court of general jurisdiction, and the appellate courts. Together, these courts handle more than 150,000 cases annually.

At the base of the structure are the lower courts. These include the municipal, family, and magistrate courts. Municipal courts are established by cities and towns to handle violations of local ordinances, such as parking infractions, minor misdemeanors, and traffic offenses occurring within city limits. These courts are not part of the unified state court system and are governed by city charters. Appeals from municipal court decisions are directed to the circuit court in the corresponding county.

Above municipal courts are the magistrate courts, which are part of the state system and exist in all 55 counties. Magistrates handle misdemeanor criminal cases, civil disputes involving amounts of $10,000 or less, landlord-tenant matters, and traffic violations. They also conduct preliminary hearings in felony cases and issue warrants and emergency protective orders. Appeals from magistrate court decisions go to the circuit courts.

The family courts deal exclusively with family law matters. These include divorce, child custody, visitation rights, child and spousal support, domestic violence protection orders, and paternity. Appeals from family court rulings are typically heard by the intermediate court of appeals.

The circuit courts are West Virginia's courts of general jurisdiction. They handle all felony criminal cases, major civil lawsuits involving more than $10,000, and appeals from family, magistrate, and municipal courts. Circuit courts also oversee juvenile cases, mental health commitments, and guardianship proceedings.

Within the circuit court system is the business court division, a specialized forum for handling complex commercial disputes such as shareholder issues, corporate governance conflicts, and large-scale contract disputes. This division helps expedite and professionally manage complex business litigation.

The appellate branch of the West Virginia courts comprises the intermediate court of appeals and the supreme court of appeals. The intermediate court of appeal reviews appeals from circuit courts in civil and administrative cases, appeals from family courts, and decisions from the business court division and the Workers' Compensation Board of Review. Decisions of the court may be appealed to the state's highest court, although further review is discretionary.

At the top of the West Virginia court hierarchy is the supreme court of appeals. The court hears appeals from the intermediate court of appeals and has original jurisdiction in certain cases involving extraordinary writs such as habeas corpus and mandamus. It also oversees the administration of the entire state judiciary and handles disciplinary actions involving judges and attorneys.

What Are the Types of Court Records In West Virginia?

Thousands of cases are handled every year in West Virginia. During the legal proceedings for these cases and via other legal actions taken during court operations, various records are generated. Each court in West Virginia has a clerk responsible for maintaining, organizing, and providing access to these records. The types of records maintained by West Virginia courts include:

• Supreme Court of Appeals
• Appellate Case Records: Records of appeals from lower courts, including briefs, motions, and opinions.
• Original Proceedings: Petitions for writs such as habeas corpus and mandamus.
• Administrative Orders: Rules and orders governing court procedures.
• Disciplinary Action Records: Records of attorney and judicial discipline cases.
• Intermediate Court of Appeals
• Appeals: Records of appeals from circuit courts in civil cases, family court decisions, and administrative agency rulings.
• Orders and Opinions: Written decisions issued by the court.
• Case Files: All filings related to appeals, including briefs and motions.
• Circuit Courts
• Criminal Cases: Felony charges, trial transcripts, and sentencing orders.
• Family Law Appeals: Appeals from Family Court decisions.
• Juvenile Cases: Delinquency and abuse/neglect proceedings.
• Mental Hygiene: Involuntary commitment proceedings and related records.
• Appeals: Records of appeals to higher courts.
• Business Court Division
• Business Litigation Records: Records of cases involving corporate disputes, commercial contracts, and business torts.
• Case Management Records: Scheduling orders, motions, and rulings specific to business cases.
• Family Courts
• Divorce and Separation: Petitions, decrees, and related documents.
• Child Custody and Support: Orders, agreements, and modifications.
• Domestic Violence: Protective orders and related filings.
• Adoption and Guardianship: Petitions, orders, and supporting documents.
• Paternity Cases: Filings and determinations.
• Mediation Reports: Outcomes of court-ordered mediations
• Magistrate Courts
• Criminal Cases: Misdemeanor charges, preliminary hearings, and outcomes.
• Civil Cases: Small claims, landlord-tenant disputes, and contract issues.
• Traffic Violations: Citations, fines, and court decisions.
• Protective Orders: Petitions and rulings.
• Warrants: Search and arrest warrants issued by the court.
• Municipal Courts
• Ordinance Violations: Records of infractions and penalties.
• Traffic Offenses: Citations and court outcomes.
• Misdemeanor Cases: Local misdemeanor charges and dispositions.
• Financial Records: Receipts of fines, fees, and penalties collected

Are West Virginia Court Records Public?

Court records in West Virginia are generally public and accessible to anyone interested in them. The West Virginia Freedom of Information Act (FOIA), codified in Chapter 29B of the West Virginia Code, grants the public the right to inspect and copy public records, including court documents, unless specifically exempted by law. Additionally, Rule 10.04 of the West Virginia Trial Court Rules affirms public access to court files and records that constitute "public records" under the state FOIA.

While many court records are public, certain records are confidential and not accessible to the general public. These include:

• Juvenile Records: Records involving juveniles are typically confidential, except in cases where the juvenile is charged with a serious offense.
• Sensitive Information: Personal information such as Social Security numbers, medical records, and certain financial details may be redacted to protect privacy.
• Sealed Records: Some records may be sealed by court order, making them inaccessible without specific authorization. Courts in West Virginia seal court records to protect certain legal interests, individual privacy rights, and the integrity of the judicial process.

How Do I Search West Virginia Court Records?

You may search West Virginia court records using the following options:

• Circuit Courts Case Search: This tool allows users to search circuit court records from all 55 counties statewide. You will need to create an account on the Public Access Search System to use this tool to perform a search
• Magistrate Courts Case Search: This tool allows users to search magistrate court case information from all counties in the state.
• Business Court Division Case Search: You may use this tool to search case information for the business court division of the circuit court.

How To Retrieve Court Records Offline

If online access is limited or unavailable for a record you need or you want a certified copy of a court record, you may visit the clerk's office of the relevant court in person. At the office of the clerk, you may submit a request containing the case ID number, party name, filing date, and any other relevant information to assist the office in locating the record you need.

The cost of obtaining a standard copy of a court record in the state varies depending on the type of record, form of record, and jurisdiction. However, typically, it ranges between $0.25 and $2 per page, while certification generally ranges between $2.50 and $12 per document. Note that in-person requests are usually processed on the same day, especially for standard records in ongoing cases, while it may take longer if the record is archived or needs to be located from a microfilm. Most court clerks fulfill mail requests within 3-10 business days, excluding mailing time. However, some counties may take longer if the court is experiencing high caseloads or staffing limitations.

Can I Seal or Expunge an Ohio Court Record?

Sealing in West Virginia refers to the removal of a record from public access. However, expungement refers to the legal process of asking a West Virginia court to erase or seal a criminal record from public view. Expungement in the state allows individuals to remove certain eligible criminal records, providing a fresh start for them.

Under West Virginia Code § 61-11-26, an individual may file a petition for expungement in the circuit court of the county where the conviction occurred. A person becomes eligible for expungement one year after the conviction and completion of all incarceration and supervision for a single misdemeanor, and two years after the last conviction and sentence completion for multiple misdemeanors. Early expungement may be granted to individuals with a medically documented history of substance abuse who have successfully completed an approved substance abuse treatment or job readiness program. In such cases:

• A single misdemeanor may be expunged immediately upon completion of the sentence and supervision.
• Multiple misdemeanors may be expunged one year after the last conviction and sentence completion.

To qualify for expungement under either statute, the petitioner must not have any pending criminal charges and may only petition for expungement once under these provisions.

For felony convictions, only non-violent felony convictions are eligible for expungement. In such cases, an individual may file a petition for expungement five years after completing all incarceration and supervision. However, if the person has only one felony conviction, they may be eligible for expungement after three years. Note that only a single felony offense or multiple felonies arising from the same transaction or related series of events may be expunged. West Virginia lists ineligible misdemeanor and felony offenses in the Expungement Instructions guide published on its website.

The expungement filing process in West Virginia follows this process:

• Determine eligibility: Review West Virginia's expungement laws to confirm eligibility.
• Gather required documents: Obtain court certified copies of court records, proof of sentence completion, and any relevant certificates or documentation.
• Complete the petition: Fill out the appropriate expungement petition form, available from the West Virginia Judiciary website or local circuit clerk's office.
• File with the court: Submit the completed petition and supporting documents to the circuit clerk's office in the county where the case was handled.
• Pay the filing fee: A non-refundable filing fee of $200.00 must be paid in advance. Additional costs may also apply at the time of filing, including but not limited to service of process and document copying fees.
• Serve the Petition: Serve copies of the petition to the following parties:
• Superintendent of the State Police.
• Prosecuting attorney of the county of conviction.
• The police chief or other executive head of the PD in the municipality where the offense occurred
• Chief law enforcement officer of the arresting agency.
• Superintendent or warden of any institution where the applicant was confined.
• The court where the case was handled.
• Await Response: The served parties have 30 days to file any objections.
• Court Decision: Within 60 days of filing, the court may grant the petition, schedule a hearing, request additional information, or deny the petition.
• Post-Approval: If granted, pay the $100 processing fee to the West Virginia State Police. The court will order the sealing of records in its custody and the expungement of records held by other agencies.

How To Search Federal Court Records in Ohio

There are two federal courts in West Virginia: the United States District Court for the Northern District of West Virginia and the United States District Court for the Southern District of West Virginia. Both courts handle a wide range of federal matters, including civil rights, immigration, bankruptcy, federal criminal offenses, and intellectual property disputes.

Individuals may access records of these courts in the following ways:

• Online: The Public Access to Court Electronic Records (PACER) portal allows requesters to search and view federal court records online. To use the system, create an account on the system and provide search terms such as a party name or case number to perform a search. Note that access fees are typically $0.10 per page, with a maximum charge of $3.00 per document.
• Offline: You may visit the office of the clerk in the federal court locations to obtain records maintained by the courts. Note that fees apply to obtain standard or certified copies of court records. Typically, reproducing standard copies costs $0.50 per page.

How To Get West Virginia Court Records Online for Free?

You can access West Virginia court records online for free through official state-run portals. The magistrate court records search allows users to access magistrate court records for free. However, the circuit court case record search system requires registration. While it is free to perform a search using this tool, document downloads cost $0.25 per page in addition to a nominal card processing fee.

Furthermore, because court records in West Virginia are typically considered public information, certain reputable third-party websites, such as PeopleRecords.us, offer free online access to these records as part of their searchable public databases.