Kanawha County, West Virginia Arrest Records
In Kanawha County, law enforcement officers create arrest records when their officers apprehend and take a person into custody. These records are used to preserve important information about arrest incidents, the arrested individual, the reason for the arrest, and detention/booking information. Kanawha County arrest records serve public interest by ensuring transparency and accountability in the criminal justice system and, as such, are considered public under West Virginia's FOIA.
The maintenance and control of criminal offender information is governed by West Virginia Code § 15-2-24, which essentially dictates the operations of the state’s Criminal Identification Bureau. Under this code, criminal offender information is public. While the Kanawha County Sheriff’s Office is the county’s foremost agency concerned with arrest record maintenance, other agencies like the courts and local police departments (such as Charleston Police Department and Dunbar Police Department) typically maintain their own records.
Are Arrest Records Public Information in Kanawha, West Virginia?
Yes. Kanawha arrest records are public under the West Virginia Freedom of Information Act (FOIA), codified in West Virginia Code § 29B-1-3. According to this law, every person (regardless of residency) has the right to view or copy any record maintained by any public body in the state. Record custodians, such as the sheriff’s office or a local police department, are mandated by law to furnish a requester the requested information or notify the requester of the reasons if they deny the request.
Requesters, on the other hand, are required to provide, with reasonable specificity, information about the requested record, often the arrestee’s name, last name, and date of birth. In addition, search or copy fees may be assessed. For in-person requesters, a photo ID may be required. Note that while arrest records are generally presumed public, certain records are exempt from public disclosure by reason of other statute, expungement order, or other safety or security reasons.
What Do Public Kanawha County Arrest Records Contain?
Arrest records, although assumed public, often contain portions and documents that are exempt from public view. Generally, the public is privy to identifying information about the arrested individual, the arrest charges, identifying information about the arresting agency, and incarceration details. For instance, a person should expect to find the following information while inspecting records:
- The arrestee’s name, date of birth, age, race, sex, height, weight, aliases, and mugshots
- A description of the charges and the violated statute
- The name of the arresting agency/officer
- The date and time of booking, date and time of arrest, the name of the incarceration facility, and an inmate identification number
Additional documents that may be found during (an in-person) arrest record search include court filings, arrest logs, and incident reports. On the other side are non-public documents/information, usually withheld from public access for privacy or security concerns, which include the following: premonition
- Active criminal investigation records
- Juvenile arrest records
- Sensitive personal identifiers, e.g., social security numbers, medical or mental health information, driver’s license numbers, and victim identities in sensitive crimes
- Sealed or expunged arrest records
- Victim and witness protection information
Kanawha County, West Virginia Arrest Search
The West Virginia Regional Jail and Correctional Facility Authority provides an online inmate search tool that can be used to look up daily incarceration information for inmates held in regional jails. Individuals can find inmates by facility or by name search. To perform a statewide search for any person held in a jail or prison located in West Virginia, use the West Virginia Division of Corrections and Rehabilitation’s Offender Search website. For inmates in custody of the Federal Bureau of Prisons, researchers can search the agency’s website using the inmate’s first and last name or BOP registration number.
Kanawha County Inmate Locator
Kanawha County Sheriff’s Office does not maintain an online inmate locator tool. All requests for arrest records are submitted through a FOIA request submitted online. The office charges a fee for this service. The requester must know the inmate’s name and basic information about the arrest in order to furnish a request. For further inquiries, contact the sheriff’s office at
301 Virginia Street East,
Charleston, WV 25301
Phone: (304) 357-0200
Active Warrant Search in Kanawha County
An arrest warrant is a written directive issued by a justice or magistrate authorizing a law enforcement officer to apprehend a suspect and bring them before the court. They are issued if there is probable cause to believe that a defendant has committed a crime (§ 62-1-2). West Virginia law authorizes law enforcement officers to arrest a person without a warrant if the person commits an offense in the officer’s presence. West Virginia Criminal Procedure, Chapter 62, governs the issuance, handling, and execution of arrest warrants issued in Kanawha County.
Per § 62-1-3, an arrest warrant must contain the signature of the issuing justice, the name of the defendant (if unknown, any aliases or description by which the defendant can be identified with reasonable certainty), a description of the offense, and the arrest command. Arrest warrants issued in Kanawha County are public records and are available for public access through the sheriff’s website.
On the sheriff’s warrant search page, warrant information is displayed according to various areas. Select the area where the warrant was issued or where the defendant lives, then browse through the displayed names to find the person of interest. Note that this website does not feature a search button. In addition, inquirers may approach the court or sheriff’s office in person to request the warrant information. To furnish a search, a person typically requires the defendant’s full name, date of birth, or warrant number.
|
Agency / Resource |
Purpose |
Search Methods |
|
Kanawha County Sheriff’s Office |
Maintains and serves warrants |
Phone ((304) 357-0157), online, in person |
|
Kanawha County Circuit Clerk’s Office |
Issues warrants and maintains warrant information |
Online, in person |
|
Provides public access to warrants issued by circuit and magistrate courts |
Online |
How to Find Arrest Records for Free in Kanawha County
The most widely known free platforms for arrest record searches in Kanawha County are those provided online by the West Virginia Regional Jail and Correctional Facility Authority and West Virginia Division of Corrections and Rehabilitation. Interested persons may still be able to view copies at the law enforcement agency that made an arrest. Visitors are usually required to present a valid photo ID and information about the arrest of interest to aid retrieval.
Alternatively, records can be viewed for free using third-party websites. Note, however, that free resources only cover limited information about an arrest and are often not as accurate as paid, official sources.
Kanawha County Arrest Report
An arrest report is significantly different from an arrest record. While the former refers to a narrative document that provides a firsthand, detailed account of the arrest incident, the latter is a standardized summary entry logged within custodial systems. An arrest record is what surfaces during background checks and serves as evidence that an arrest occurred, whereas an arrest report is used internally within a law enforcement agency.
Furthermore, an arrest report is kept separately from arrest records and covers information, such as the officer’s observation, items found on the suspect at the time of the arrest, statements made at the arrest scene, the sequence of actions taken, and other information relevant to the arrest incident.
How to Get an Arrest Record Expunged in Kanawha County
In Kanawha, individuals can get an arrest removed from their public records through a legal process known as "expungement" under provisions set forth in West Virginia Code § 61-11-26. Per this law, arrests that resulted in a conviction may only be expunged if the underlying offense was a misdemeanor or a non-violent felony. In addition, they must have completed the applicable waiting period, which is the timeframe after completion of the sentence and any court-ordered supervision. The waiting periods are as follows:
- Misdemeanors (1 year for a single conviction and 2 years for multiple convictions)
- Non-violent felonies (3 years for a single conviction and 5 years for multiple convictions)
Note that certain misdemeanors and non-violent felonies can not qualify for expungement, including domestic violence, sexually motivated offenses, sexual offenses, incest, burglary, abuse of an incapacitated adult, DUIs, and animal cruelty. Records that do not qualify for an expungement may only be erased through a governor’s pardon.
Expungement proceedings are handled by the circuit court in the county where the conviction occurred. To initiate the expungement proceeding, a person must obtain the appropriate form from the court clerk’s office and fill out the required information and file it along with all documentation of the convictions, charges, and successful completion of incarceration and/or supervision.
The completed petition and all supporting documentation may then be served to the state police superintendent, the warden of the incarceration facility where the arrested individual was confined, the prosecuting attorney, the chief law enforcement officer of the agency that made the arrest, and the court that disposed of the criminal charges. Note that expungements incur a filing fee of $200. Once the expungement order is entered, the petitioner must pay a $100 fee to the records division of the state police for the cost of processing the expungement. (Note that this fee may be waived for persons with a medically documented history of substance abuse).
How Do You Remove Kanawha County Arrest Records From the Internet?
Law enforcement agencies in possession of expunged arrest records are generally compelled by law to destroy them. However, the complications may arise with privately run websites and background check services that may have gathered the information from official sources before the expungement, as they operate independent of any government agency. These platforms are not always subject to the same legal obligations as government bodies, meaning the expungement order alone may not trigger automatic removal.
In many instances, the burden falls on the affected individual to locate these sites and submit a formal removal request, usually accompanied by documentation proving the expungement was granted. Even then, outcomes are not guaranteed, as some platforms respond promptly while others are slow to act or decline altogether.