civics.online

Court Records

West Virginia Court Records

How West Virginia's courts are organized, where their records are kept and how to search them.

West Virginia's highest court is called the Supreme Court of Appeals. In 2022 the state added an Intermediate Court of Appeals, which now hears many civil appeals.

There is no free public statewide trial court search. Records come from the circuit clerk in each county.

West Virginia's circuit clerks are elected county officials. Some counties offer online access to their circuit court records, but most requests still go through the clerk's office.

How West Virginia's courts are organized

West Virginia has two appellate courts and three kinds of trial courts.

Supreme Court of Appeals

Five justices hear criminal appeals, many other appeals and review Intermediate Court decisions.

Intermediate Court of Appeals

Hears appeals in many civil cases, family court cases and some agency decisions.

Circuit courts

The general jurisdiction trial courts, in 31 judicial circuits. They hear felonies, larger civil cases and appeals from lower courts.

Family and magistrate courts

Family courts hear divorce, custody and support. Magistrate courts hear misdemeanors, small claims and preliminary hearings.

Searching West Virginia court records online

Online access is limited to appellate cases and general information.

Getting records from the clerk's office

Contact the circuit clerk in the county where the case was filed. Clerks provide copies and certified copies for set fees.

Deeds are kept by the county clerk.

Circuit clerks keep circuit and family court records in most counties, while magistrate courts keep their own records. Copies and certified copies are available for set fees.

What is public, and what is not

Most West Virginia court records are public, but juvenile, adoption and mental health records are confidential.

West Virginia allows expungement of many misdemeanor and some felony convictions after a waiting period.

West Virginia court records are generally public, but juvenile, adoption, abuse and neglect, and mental health records are confidential. West Virginia allows expungement of many misdemeanors and some felonies after a waiting period.

Older and archived records

Historical court records are held by the West Virginia Archives and History in Charleston.

The West Virginia Archives and History holds historical court records, including early county court records from when the state was part of Virginia.

Criminal history and background records

A court file tells you what happened in one case in one court. A criminal history record (often called a rap sheet) pulls together arrests, charges and outcomes reported from across the state, so it is a different product kept by a different agency.

The West Virginia State Police keeps the state's criminal history records. Checks generally require the subject's consent.

Federal court records in West Virginia

Federal cases, including federal crimes, bankruptcies, and lawsuits over federal law or between citizens of different states, are not filed in West Virginia's state courts. West Virginia is divided into 2 federal judicial districts, and each has its own clerk's office:

Federal case files are searched through PACER, the federal judiciary's records system. PACER charges a small fee per page, but you pay nothing if your charges stay under the quarterly fee-waiver threshold, court opinions are free, and every federal courthouse has public terminals you can use at no cost. Many PACER documents have also been copied into the free RECAP Archive on CourtListener. Appeals from West Virginia's federal courts go to the U.S. Court of Appeals for the Fourth Circuit.

Tips for a faster search

  • Because there is no free online search, have the county, names and dates ready when you call.
  • Family court and magistrate court cases are filed through the circuit clerk's office in many counties.
  • Expunged records will not be released to the public.
  • If the case is old, it may have begun in Virginia's courts before West Virginia became a state in 1863.
  • Have the full names of the parties, the county and a rough date range ready. A case number is the fastest way in if you have one.
  • Online indexes are not the official record. If a decision depends on it, get a copy (or a certified copy) from the clerk's office that holds the file.

Legal help and law libraries

Clerks and law librarians can explain how to find a record, but they cannot give legal advice. These organizations can point you in the right direction:

This guide is general information about public records, not legal advice. Court websites, fees and rules change, so confirm details with the court before you rely on them. Civics-Online.org is not affiliated with any court or government agency.