West Virginia Public Records

About West Virginia Public Records

Comprehensive Guide to Accessing West Virginia Public Records | West Virginia Freedom of Information Act (WVFOIA)

West Virginia operates one of the more restrictive public records frameworks in the country, governed by the West Virginia Freedom of Information Act (WVFOIA) under West Virginia Code § 29B-1-1 through § 29B-1-7. The state's commitment to transparency means that government records — from court filings and property deeds to criminal histories and vital statistics — are presumed public unless a specific exemption applies. This guide explains how to access West Virginia public records, what the law requires agencies to produce, how long you have to wait, what you can be charged, and what your options are if a request is denied.

THE LAW: West Virginia Freedom of Information Act (WVFOIA)

Governing Statute: West Virginia Code § 29B-1-1 through § 29B-1-7

West Virginia's public records law establishes the legal framework for how

residents and the public can access government information. Enacted to ensure government accountability, the West Virginia Freedom of Information Act (WVFOIA) establishes the right of any person to inspect and obtain copies of government records held by West Virginia state agencies, counties, municipalities, and other public bodies. The law reflects the principle that transparent government is a prerequisite for an informed citizenry and a functioning democracy.

Response Deadline

5 business days; West Virginia Senate passed a bill in 2025 (HB 3140) to extend the deadline to 14 days — a significant rollback that drew criticism from transparency advocates

If an agency fails to respond within the required time, the request may be treated as a constructive denial — triggering the right to appeal. Always document the date of your submission and follow up in writing if no response is received.

Who Can Request Records In West Virginia

Any person — no residency requirement

While Any person — no residency requirement, certain categories of records may impose additional eligibility requirements. Requesters are generally not required to state a reason for their request, and agencies in West Virginia are prohibited from using the requester's identity or stated purpose as a basis for denial.

How To Request West Virginia Public Records: Step-By-Step

1. 1 Identify the Records You Need

Before submitting a request, pinpoint which government agency holds the

records. Different agencies maintain different records:

1. 2 Draft Your Request

Write a specific, clearly worded request describing:

• ›Court records → West Virginia Court System
• ›Property records → County Recorder or Assessor
• ›Vital records (birth/death/marriage) → West Virginia Department of Health
• ›Criminal records → West Virginia State Police / Department of Public Safety
• ›Business filings → West Virginia Secretary of State
• ›Legislative records → West Virginia General Assembly
• ›The type of documents or records you seek
• ›The date range covered
• ›Names, case numbers, or addresses involved (if known)
• ›The format you prefer (electronic preferred to minimize fees)

Keep it specific — overly broad requests are more likely to result in delays

or fee estimates that stall the process.

1. 3 Submit to the Right Agency

Address your request to the specific agency's designated records custodian or records officer. In West Virginia, the primary oversight body is West Virginia Secretary of State's Office, FOIA Reporting, (304) 558-6000. Most agencies also accept requests by email — check the agency's website for the records officer's contact information.

1. 4 Track Your Request

Note the date you submitted your request. The agency must respond within

5 business days. Keep a copy of your submission and any acknowledgment

receipts.

1. 5 Review the Response

If the agency produces records: review them carefully. If records are

withheld, the agency must cite the specific statute authorizing withholding.

Request a log of all withheld records.

1. 6 Appeal If Denied

File in circuit court; courts may award attorney fees for wrongful denial

Fees For West Virginia Public Records

Actual cost of duplication; agencies may charge for staff time at their actual cost

Fee waivers may be available for journalists, nonprofit organizations, students, or when the disclosure serves the public interest. Always ask about fee waivers when submitting a request — agencies are not required to volunteer this information. If the fee estimate exceeds your budget, consider narrowing the scope of your request.

Key Exemptions: What Is Not Publicly Available

Personnel records, attorney-client privilege, medical records, ongoing criminal investigations, trade secrets, preliminary agency deliberations, and security plans

Understanding exemptions is critical before filing a request. Exempted records

include: Personnel records, attorney-client privilege, medical records, ongoing criminal investigations, trade secrets, preliminary agency deliberations, and security plans

If an agency cites an exemption, request that they identify the specific

statutory authority — vague or overly broad exemption claims can be successfully

challenged in district or circuit court.

West Virginia Public Records Oversight & Enforcement

Oversight Authority: West Virginia Secretary of State's Office, FOIA Reporting, (304) 558-6000

West Virginia's oversight authority plays a critical role in ensuring compliance with the West Virginia Freedom of Information Act (WVFOIA). When agencies fail to respond or improperly withhold records, the oversight body can investigate, issue guidance, and in some cases impose penalties. Filing a complaint with the oversight authority is typically free and faster than pursuing a court action.

What Makes West Virginia'S Public Records Law Unique

West Virginia's 2025 legislative session was marked by HB 3140 — a controversial bill extending the response deadline from 5 to 14 business days and expanding several exemptions. Critics at West Virginia Watch (Feb 2025) called it the largest rollback of open records rights in state history. West Virginia law also requires all state agencies to report completed FOIA requests to the Secretary of State every 10 days.

Types Of Public Records Available In West Virginia

Court Records

West Virginia maintains an extensive court record system covering district,

circuit/superior, and appellate courts. Court records include civil case

filings, criminal dockets, probate records, family law cases (divorce,

custody, adoption), and small claims matters. Many West Virginia court records

are accessible through the state court's online portal or by visiting the

clerk of court's office in the relevant county.

Property Records

County-level property records in West Virginia include deeds, mortgage

documents, liens, tax assessment records, and zoning information. These are

maintained by the County Recorder (or equivalent) in each county. Property

records are among the most widely accessed public records and are often

available online through county government websites.

Vital Records (Birth, Death, Marriage, Divorce)

Vital records in West Virginia are maintained by the West Virginia Department

of Health (or equivalent). Certified copies of birth certificates, death

certificates, marriage licenses, and divorce decrees are available to

eligible requesters upon submission of an application and required fee.

Ancestry and genealogy researchers may access historical vital records

through the West Virginia State Archives.

Criminal Records & Background Checks

Criminal history records in West Virginia are maintained by the West Virginia

Department of Public Safety or State Police. Background checks are governed

by both the West Virginia Freedom of Information Act (WVFOIA) and the federal Fair Credit Reporting Act (FCRA).

State-level criminal history includes felony and misdemeanor convictions,

arrests, and sex offender registry information.

Business & Corporation Records

All business entities formed or registered in West Virginia must file with

the West Virginia Secretary of State. Publicly available records include

articles of incorporation, registered agent information, annual reports,

officer names, and business status. These are often searchable online free

of charge through the Secretary of State's business search portal.

Voter Registration Records

Voter registration data in West Virginia is maintained by the Secretary of

State's Elections Division and county clerks. The scope of what is public

varies — names and addresses are typically public, while Social Security

numbers and driver's license numbers are withheld.

Government Contracts & Spending

Contracts between West Virginia government agencies and private vendors are

public records. These include procurement contracts, grants, professional

service agreements, and construction contracts. Many can be found through

the state's open data portal or through specific agency websites.

Environmental & Regulatory Records

West Virginia environmental agencies maintain records of permits, inspections,

violations, and remediation plans. These are public under both the West Virginia Freedom of Information Act (WVFOIA)

and federal laws including the Emergency Planning and Community Right-to-Know

Act (EPCRA).

How To Find Specific West Virginia Public Records

Birth Certificates:

Contact the West Virginia Department of Health, Vital Statistics office.

Online: Check the state health department's website for mail-in or online

ordering options. Fees apply for certified copies.

Death Records:

Available from the West Virginia Department of Health for recent deaths.

Historical death records are available through the State Archives and

genealogy platforms like FamilySearch and Ancestry.

Marriage Records:

Marriage licenses are filed with the county clerk or registrar in the county

where the marriage occurred. The state health department may maintain a

central index for certified copies.

Divorce Records:

Divorce decrees are filed in the circuit/district/superior court of the

county where the divorce was granted. Contact the clerk of that court.

Criminal Background Checks:

For a certified criminal background check, contact the West Virginia Department

of Public Safety or State Police. Online portals are available in most states.

Sex Offender Registry:

West Virginia maintains a public Sex Offender Registry available online.

The national registry is searchable at NSOPW.gov.

Property Records:

Search your county's Recorder, Register of Deeds, or Assessor website.

Most counties in West Virginia provide free online property record searches.

Court Records:

Search online through the West Virginia Courts' public case search portal.

Federal court records are available via PACER (pacer.uscourts.gov).

Important Legal Disclaimer

PublicRecordCenter.com is a privately owned, free public records directory. We

are not a government agency and not affiliated with any government body. We do

not store, sell, or provide consumer reports as defined by the federal Fair

Credit Reporting Act (FCRA). Public records accessed through our directory may

not be used to determine eligibility for credit, insurance, employment, housing,

or other FCRA-regulated purposes.

All links provided lead to official West Virginia government websites and trusted

third-party resources. Information in this guide is current as of early 2026.

Verify current fees, deadlines, and procedures directly with the relevant agency

before submitting a request.

Quick Reference

Law Name: West Virginia Freedom of Information Act (WVFOIA)

Statute: West Virginia Code § 29B-1-1 through § 29B-1-7

Response Deadline: 5 business days

Who Can Request: Any person — no residency requirement

Standard Copy Fee: Actual cost of duplication; agencies may charge for staff time at their actual c

Appeal To: district or circuit court

Oversight: West Virginia Secretary of State's Office, FOIA Reporting, (304) 558-6000

Cite as: www.publicrecordcenter.com