State Public Records Guide
Public Records in West Virginia
Your comprehensive guide to accessing public records in West Virginia under the West Virginia Freedom of Information Act (est. 1977).
Overview of Public Records in West Virginia
West Virginia's Freedom of Information Act provides citizens with the right to access records maintained by public bodies throughout the state. The law establishes a presumption of public access and requires that exemptions be construed narrowly. West Virginia's 55 counties maintain local records through county clerk and circuit clerk offices. The state has been gradually expanding online access to government records, though many records still require in-person requests, particularly in smaller counties.
Quick Reference: Requesting Records in West Virginia
Response Time
Agencies must respond within 5 business days. If additional time is needed, the agency must provide a written explanation and an expected timeline for when the records will be available.
Fees and Costs
Agencies may charge fees for actual costs of searching and copying records. Standard copy fees are typically $0.25 per page. If estimated fees exceed $25, the agency must provide an estimate before proceeding.
How to Submit a Request
Requests must be made in writing, though email is accepted as a written request. The request should identify the records with reasonable specificity for the agency to locate them.
Appeal Process
Requesters may file suit in circuit court to compel disclosure. The court may award costs and attorney fees to a prevailing requester who demonstrates the records were improperly withheld.
Types of Public Records Available in West Virginia
Property Records
Property records in West Virginia include deeds, mortgages, liens, plat maps, and property tax assessments. These records document real estate ownership, transfers, and encumbrances. They are typically maintained at the county level and are valuable for researching property history, verifying ownership, and conducting due diligence before purchasing real estate.
How property records work →Voter Registration
Voter registration records in West Virginia contain information about registered voters including names, addresses, party affiliation, and voting history. The availability of voter data varies based on West Virginia election law and may be subject to restrictions on permitted uses and commercial distribution.
Understanding voter records →Court Records
West Virginia court records encompass civil litigation, criminal cases, family law matters, probate proceedings, and small claims cases. These records are maintained by the state judiciary and are generally open to the public, with exceptions for sealed cases, juvenile proceedings, and certain family matters.
Guide to court records →Business Filings
Business filings in West Virginia include articles of incorporation, annual reports, trade name registrations, and UCC filings. These records are maintained by the Secretary of State and provide information about business entities operating in the state, including their registered agents, officers, and current standing.
Searching business records →Vital Records
West Virginia vital records include birth certificates, death certificates, marriage licenses, and divorce decrees. These documents are maintained by the state's vital records office and are essential for establishing identity, proving familial relationships, and handling legal matters such as estate settlements.
Vital records overview →Campaign Finance
Campaign finance records in West Virginia document political contributions, expenditures, and donor information for state and local elections. These records are maintained by the state's election commission or ethics board and are valuable for tracking political spending and identifying donor patterns.
Campaign finance explained →How to Access West Virginia Public Records
To request records under West Virginia's FOIA, submit a written request to the custodian of records at the relevant public body. Agencies must respond within five business days by either providing access, denying the request with specific statutory citations, or requesting additional time. West Virginia county clerks maintain property records, and the West Virginia Judiciary provides online case searches through the MAGIC system. The Secretary of State provides business entity searches online.
Online Access
West Virginia courts provide online case access through the Judiciary website. County assessor and clerk offices vary in their online record availability, with larger counties offering more comprehensive digital services.
Key Exemptions and Restrictions in West Virginia
While the West Virginia Freedom of Information Act establishes a strong presumption that government records are open to public inspection, certain categories of information are exempt from disclosure. Understanding these exemptions is important when submitting records requests in West Virginia.
- Law enforcement investigative records in active cases
- Internal memoranda or letters concerning policy positions being developed
- Trade secrets and commercial information submitted to government
- Records whose disclosure would endanger the safety of individuals
- Individual tax returns and financial data
- Medical records of individuals
If you believe records have been improperly withheld, West Virginia provides avenues for appeal. Contact the relevant oversight body or consult our guide to filing public records requests for tips on handling denials.
Key Laws and Regulations
West Virginia Freedom of Information Act
Enacted: 1977
West Virginia's Freedom of Information Act is codified in West Virginia Code Chapter 29B. The act creates a presumption that all public records are available for inspection unless specifically exempted. The law was amended in 2016 to clarify provisions about electronic records and response timelines. West Virginia's Supreme Court of Appeals has issued important decisions interpreting the FOIA and has generally supported broad access.
Key Features of West Virginia's Records Law:
- West Virginia has a five-business-day response requirement
- The state's MAGIC court records system provides online case searches
- West Virginia's Supreme Court of Appeals has strongly supported public access rights
West Virginia Public Records Facts
West Virginia has 55 counties maintaining local government records
The state has approximately 1.2 million registered voters
West Virginia Secretary of State maintains records for over 100,000 business entities
West Virginia's mining heritage creates unique records related to mineral rights and extraction permits
Search West Virginia Public Records
Use OpenDataUSA to find publicly available records across West Virginia. Enter a name below to search public records in WV.
Frequently Asked Questions About West Virginia Public Records
How quickly must West Virginia respond to FOIA requests?
How do I access West Virginia court records?
Are West Virginia property records online?
How do I get West Virginia vital records?
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Additional Resources
Disclaimer: The information on this page is provided for educational purposes and reflects publicly available information about the West Virginia Freedom of Information Act. Laws and procedures change over time. For the most current requirements, contact the relevant oversight agency in West Virginia or consult a legal professional. OpenDataUSA is not a consumer reporting agency as defined by the FCRA. Do not use information obtained from this site for employment, tenant screening, or credit decisions.