West Virginia Criminal Records

West Virginia criminal records are official documents detailing an individual's arrests, charges, convictions, sentencing history, and other information that collectively provide a comprehensive profile of the person's interactions with the state's criminal justice system.

According to recent statistics, West Virginia has a violent crime rate of approximately 2.78 incidents per 1,000 residents, with a total crime rate around 15.08 per 1,000. The West Virginia State Police (WVSP) is the central repository for the state's criminal history information and makes this information available to criminal justice agencies and on-criminal justice agencies (including the general public) upon request. In addition to the WVSP, criminal record information in West Virginia is also maintained and may be accessed through local police departments, sheriff's offices, the West Virginia Department of Corrections and Rehabilitation, and the West Virginia Judiciary.

Are Criminal Records Public in West Virginia?

In West Virginia, criminal records are considered public records and may be inspected and copied by any interested party under the state's Freedom of Information Act. However, certain exceptions limit what information is accessible. These exemptions generally apply to juvenile records, expunged records, medical or psychiatric information, records about ongoing investigations, and any personal data that could result in an unreasonable invasion of privacy, such as personal identifying information on domestic violence or abuse victims. Access to this information is typically restricted to specific requesters, including the record's subject, their attorneys, and criminal justice agencies.

How To Look Up Criminal Records in West Virginia?

You may access criminal records in West Virginia by requesting a criminal record check through the West Virginia State Police (WVSP). Note that these are fingerprint-based checks, and all requests are facilitated through an approved third-party vendor; the WVSP does not accept criminal record check requests directly from the public. The record request process typically involves submitting a set of fingerprints and a written authorization from the record's subject (where applicable) to the state's approved vendor, who will then transmit them to the WSVP for processing. For more information on requesting criminal record checks in West Virginia, contact the WVSP's Criminal Records Section at (304)-746-2450.

How To Search West Virginia Arrest Records?

Arrest records in West Virginia are created by law enforcement agencies (primarily police departments and sheriff's offices), and they typically include details like:

• The arrestee's name, age, and gender
• The date and location of the arrest
• The offense(s) that led to the arrest
• The arresting agency and officer(s)
• A brief account of the circumstances of the arrest
• Booking information, such as fingerprints and mugshots
• Bail or bond details, if applicable

West Virginia arrest records are maintained by the law enforcement agency that carried out the arrest. As such, to obtain copies of these records, you will typically need to contact the relevant arresting agency directly. Most agencies require a formal records request, which may be submitted in person, via mail, online (or any other available option), and you will often be required to provide details like the name of the arrestee and an arrest date to streamline the process. Be aware that fees may apply.

How To Search West Virginia Warrants?

Warrants in West Virginia are legal documents authorizing law enforcement officers to perform certain actions, such as making an arrest or conducting a search. These warrants are typically issued by judges, but may also be issued by other duly authorized judicial officers. Common types of warrants issued in West Virginia include:

• Arrest Warrants: These are issued when there is probable cause to believe someone has committed a crime and authorize law enforcement to take the person into custody.
• Bench Warrants: These are issued when a person fails to appear in court or violates a court order.
• Search Warrants: These authorize law enforcement to search a specific location for evidence related to a crime and also seize property from this location.

Most warrants issued in West Virginia generally remain valid until they are executed or officially recalled by the issuing court, meaning that they can remain active indefinitely. However, state law requires that search warrants have to be executed and returned to the issuing court within 10 days.

West Virginia does not provide a statewide platform for accessing warrant information. Nevertheless, you may get information on active warrants in the state by contacting the issuing court or the sheriff's office in the county where the warrant originated. Several counties also offer online databases and search tools that may be used to obtain information on warrants issued in their respective jurisdictions.

Can I Obtain a West Virginia Criminal History Record of Another Person?

You may obtain copies of another person's official West Virginia criminal history record by requesting a background check from the West Virginia State Police's Criminal Records Section. However, the request must include written authorization from the record's subject; the person will also typically be required to submit their fingerprints (the state uses a third-party vendor to facilitate this process). Contact the West Virginia State Police's Criminal Records Section at (304)-746-2450 for more information or assistance with requesting background checks.

You may also obtain limited criminal history record information in West Virginia online using the state judiciary's Court Records Access platform. Note that you may be required to register a user account to fully utilize this platform.

How To Expunge or Seal West Virginia Criminal Records

West Virginia law (specifically Sections 61-11-25 to 61-11-26b of the West Virginia Code) provides a legal avenue for individuals with criminal records to clear these records via a process known as "expungement". The expungement process seals the criminal record, making it inaccessible to the general public. However, it should be noted that expunged records in West Virginia are not completely destroyed, and they may still be viewed by criminal justice agencies and specific non-criminal justice agencies (usually for employment or licensing purposes)

Expungements in West Virginia generally fall under two categories:

• Criminal Charge Expungements: This option is available for non-conviction records -arrests where the charges were dismissed or acquitted, or the person involved successfully completed a pre-trial diversion or deferred adjudication program. However, certain traffic and domestic violence-related charges typically cannot be expunged under this option.
• Criminal Conviction Expungements: This option is available for conviction records (arrests that led to the person being found guilty and sentenced to jail/prison). However, it should be noted that certain offenses, such as violent crimes, sexual offenses, domestic violence-related offenses, crimes against minors, and incapacitated adult abuse or neglect-related offenses, are ineligible for the process and cannot be expunged under state law.

Individuals who wish to get their records expunged in West Virginia typically have to take the following steps:

• Determine Eligibility: This involves confirming that the record is eligible for the expungement process.
• Fulfill the Waiting Period: There is usually a stipulated waiting period that must be completed before a person can apply to get their record expunged. This period is determined by the type of offense/record. For instance, requests for the expungement of non-conviction records typically have to be made within 60 days of the dismissal or acquittal. On the other hand, you will have to wait for at least one year after completing the imposed sentence before you may expunge a misdemeanor offense, and five years for eligible felony offenses.
• File the Petition: The expungement petition must be filed with the court that handled the case. You will also typically be required to notify relevant parties, such as the prosecuting attorney and the arresting agency.
• Attend a Hearing: The court will typically schedule a hearing where the judge will review the petition and any objections (from the notified parties). Factors like the nature of the offense, time elapsed, efforts at rehabilitation, and the interests of public safety are usually considered during the review.
• Court Decision: Once the petition has been reviewed, the judge will either grant or deny the expungement request. If the request is granted, an order of expungement will be issued, and the records will be sealed accordingly. It is important to note that the decision on whether to grant or deny an expungement petition is made at the court's discretion.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in West Virginia?

Employers, housing providers, and licensing bodies in West Virginia are required to adhere to certain laws restricting/regulating the use of criminal record information. These include:

• The Fair Chance Act: This prohibits federal agencies and contractors in West Virginia from inquiring about an applicant's criminal history until after they have made them a conditional job offer.
• The Fair Credit Reporting Act (FCRA): This federal law requires employers to obtain written consent from a job applicant before performing a background check. Per this law, if an adverse action (such as denial of employment) is based on the results of the background check, the employer must notify the applicant and provide a copy of the report.
• West Virginia Code Section 30-1-24: Under this law, licensing boards cannot deny an applicant a license solely due to a criminal conviction unless the offense has a direct connection to the profession.
• HUD Guidance: Guidance from the Department of Housing and Urban Development discourages landlords and other housing providers from implementing policies that may result in the blanket exclusion of applicants with criminal records. Instead, the department promotes individualized assessments of applicants, with consideration of the nature and timing of the offense and evidence of rehabilitation.
• EEOC Guidance: The Equal Employment Opportunity Commission also guides how employers in West Virginia should handle criminal records in hiring decisions and requires a case-by-case evaluation of applicants with criminal records. Per this guidance, employers must ensure that any criminal record exclusions are directly related to the job and necessary for business operations, and applicants should also be given a chance to explain their criminal history before being denied employment.

Can I Access West Virginia Criminal Records for Free Online?

While many private websites claim to offer access to West Virginia criminal records (free or for a nominal fee), the information obtainable from these websites is often incomplete, outdated, or generally unreliable. To obtain accurate and up-to-date criminal records in West Virginia, it is best to contact the West Virginia State Police. Alternatively, you may consider using reputable resources like the West Virginia Judiciary's Court Records Access platform or premier third-party sites that aggregate data from verified databases, like WestVirginiaPublicRecords.us.