West Virginia
West Virginia Court Records: How to Search, What's Public, and How to Seal Them (2026)
Independently fact-checked against primary sources (last audited August 10, 2026). · 3 primary sources cited on this page. How we verify our legal content
West Virginia only recently became a state where you can search circuit court records online at all. The West Virginia Public Access Search System, known as WVPASS, launched statewide on March 10, 2025, alongside a companion tool for magistrate court records. Before that, West Virginia's circuit records were not centrally searchable online. This guide covers both new systems and how expungement works once you find what you are looking for.
Information last verified on 2026-08-10. This article has not yet been reviewed by a licensed lawyer.
WVPASS: West Virginia's New Statewide Circuit Court Search
Until March 2025, West Virginia had no statewide way to search circuit court records online. WVPASS changed that. West Virginia's Judiciary confirms directly on its own Court Record Access page: "Search circuit court records from all fifty-five counties statewide." That is a genuine statewide model, a meaningful change from the county-by-county reality that existed before the launch.
The portal is new, but the right of access behind it is not. W. Va. Code § 51-4-2 provides that "[t]he records and papers of every court shall be open to the inspection of any person, and the clerk shall, when required, furnish copies thereof, except in cases where it is otherwise specially provided." WVPASS and the magistrate search tool are the administrative delivery layer for that statutory right, not the source of it. A record you cannot locate through a portal may still be open to inspection at the clerk's office, and a clerk's duty to hand over copies rests on the statute rather than on the court system's website policy.
What is not yet confirmed is the fee and registration structure. At the time this article was written, the WVPASS site itself was returning a technical error rather than loading its registration or fee pages, so specific dollar figures could not be independently verified here. Before relying on a fee amount you may have seen elsewhere, check the current schedule directly on WVPASS or with the circuit clerk's office.
Magistrate Record Search: Free, With Limits
Alongside WVPASS, West Virginia's Judiciary runs a separate, free tool for magistrate court records, Magistrate Record Search, covering "magistrate court case information from all fifty-five counties statewide." It is genuinely open access: "Anyone with a computer or mobile device" can use it, with no registration mentioned. You search by entering a first or last name, or a case number, and the system returns up to 30 matching records.
The tool has a real limit worth knowing before you rely on it: "Court documents themselves are not available online." It shows you that a case exists, not the underlying filings. For the actual documents, contact the magistrate court clerk directly, where "the clerk will charge a nominal fee required by law" for copies. That obligation to produce copies is the clerk-side half of § 51-4-2, which requires the clerk of every court to furnish copies of court records when required.
Sealing Your Record: Expungement in West Virginia
West Virginia Code § 61-11-25 governs expungement for a specific situation: a person who was charged with a crime and was either acquitted or had the charges dismissed. Under the statute, that person may petition the circuit court to expunge "all records relating to the arrest, charge, or other matters arising out of the arrest or charge." A sealing order of this kind is one of the situations covered by the closing clause of § 51-4-2, which keeps court records open to inspection except where it is otherwise specially provided.
What that petition actually produces is sealing, not destruction. The statute directs the court to order "the sealing of all records in the custody of the court and expungement of any records in the custody of any other agency," and once granted, "the court and other agencies shall reply to any inquiry that no record exists." The records themselves remain, restricted, rather than being physically destroyed, and inspection afterward is limited to the subject of the record or a prosecutor who shows a court that inspection is necessary to a criminal investigation or prosecution.
Timing matters here too. The statute requires that "the expungement petition shall be filed not sooner than 60 days following the order of acquittal or dismissal." This particular statute addresses non-conviction records specifically; for a broader look at West Virginia's expungement options, including conviction-related relief, see the West Virginia expungement laws guide.
Certified Copies and Practical Steps
For documents through WVPASS or a certified copy from the circuit clerk, expect a per-page fee plus a possible card-processing charge, though the exact current figures were not independently confirmed for this article given the portal's technical issues at capture time. Magistrate Record Search copies carry the clerk's nominal statutory fee described above. Confirm current amounts with the specific clerk's office before requesting a document.
Using West Virginia Court Records the Right Way
These tools are built for checking your own case, verifying a matter you are personally involved in, or general public transparency, not for compiling background information on someone else. If a West Virginia court record is being used to screen a job applicant or tenant, that use is governed separately by the federal Fair Credit Reporting Act. Under 15 U.S.C. § 1681c, records of criminal convictions are exempt from the standard seven-year reporting limit and can be reported indefinitely unless West Virginia has sealed or expunged them.
Related Resources
Court Records by State covers the full 50-state picture. See also How to Look Up Court Records, Are Court Records Public?, West Virginia Expungement Laws, West Virginia Background Check Laws, West Virginia Warrant Search, and West Virginia Public Records Laws.
Disclaimer
This article provides general information about West Virginia's public court record tools and expungement process. It is not legal advice. Portal fees, coverage, and statutes change; verify current details with West Virginia's Judiciary or a West Virginia attorney before relying on anything here for a specific situation.
Last updated: 2026-08-10. Portal facts and fees reflect their published status as of August 2026.
Frequently Asked Questions
Are West Virginia court records open to the public?
Yes. W. Va. Code § 51-4-2 provides that the records and papers of every court are open to the inspection of any person, and that the clerk must furnish copies when required, except in cases where it is otherwise specially provided. The online portals are how the court system delivers that access; they are not the source of the right, so a record missing from a portal may still be inspectable at the clerk's office.
When did West Virginia get a statewide court records search?
WVPASS, the circuit court search covering all fifty-five counties, launched March 10, 2025. Before that, West Virginia had no statewide online search for circuit court records.
Is West Virginia's Magistrate Record Search free?
Yes. It is free to use, requires no registration, and searches magistrate court case information from all fifty-five counties by name or case number, returning up to 30 records.
Can I see the actual court documents through Magistrate Record Search?
No. The tool shows that a case exists and basic case information, but the underlying documents are not available online. Contact the magistrate court clerk directly, who will charge a nominal statutory fee for copies under West Virginia Code section 51-4-2.
How much does WVPASS cost to use?
This could not be independently confirmed at the time this article was written because the portal was returning technical errors. Check WVPASS directly, or contact the circuit clerk, for current registration and document fees.
What does expungement mean in West Virginia?
Under West Virginia Code section 61-11-25, expungement seals records related to an arrest or charge that ended in acquittal or dismissal. The record is not physically destroyed; courts and agencies instead respond to inquiries as though no record exists.
How soon can I file for expungement after an acquittal or dismissal in West Virginia?
Not sooner than 60 days after the order of acquittal or dismissal, under West Virginia Code section 61-11-25.
Can I use West Virginia court records to screen a tenant or job applicant?
You can search public records, but using them for an employment or housing decision is separately governed by the federal Fair Credit Reporting Act. This guide addresses personal lookups, not screening compliance.
Updates
Added the governing statutory authority for public access to West Virginia court records, W. Va. Code § 51-4-2, which makes the records and papers of every court open to inspection and requires the clerk to furnish copies on request.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 51-4-2Inspection of records and papers; copies.In force
The records and papers of every court shall be open to the inspection of any person, and the clerk shall, when required, furnish copies thereof, except in cases where it is otherwise specially provided.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 61-11-25Expungement of criminal records for those found not guilty of crimes or against whom charges have been dismissed; expungement of criminal records for those that have successfully completed all requirements of a deferred adjudication or pretrial diversion; exceptions.In forcecited in 5 of our articles
(a) Any person who has been charged with a criminal offense under the laws of this state and who has been found not guilty of the offense, or against whom charges have been dismissed, and not in exchange for a guilty plea to another offense resulting in a conviction, may file a civil petition in the circuit court in which the charges were filed to expunge all records relating to the arrest, charge, or other matters arising out of the arrest or charge. Any person whose charges have been dismissed following a full and successful completion of a pre-trial diversion pursuant to §61-11-22 of this code, or whose charges have been dismissed following the full and successful completion of a deferred adjudication pursuant to §61-11-22a of this code, may file a civil petition in the circuit court for expungement of all charges originally brought, provided that the charges sought to be expunged arose from the same transaction or occurrence, and all records relating to the arrest, charges, or other matters arising out of the arrest or charges may be expunged: Provided, That no record in the Division of Motor Vehicles may be expunged by virtue of any order of expungement entered pursuant to…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Johnston (District Court, S.D. West Virginia 2026)“…The Plaintiffs claim that the Defendants have violated W. Va. Code § 61-11-25(d) “by not certifying to the court wi…”
- Ballock v. Costlow (District Court, N.D. West Virginia 2019)“…fter that dismissal (Dkt. No. 128-8). Tellingly, W. Va. Code § 61-11-25(e) only prohibits public offi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Background Check Laws (2026 Guide), West Virginia Expungement Laws: W. Va. Code § 61-11-26 Explained
United States Code Title 15
§ 1681cRequirements relating to information contained in consumer reportsIn forcecited in 61 of our articles
Except as authorized under subsection (b), no consumer reporting agency may make any consumer report containing any of the following items of information: Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. Paid tax liens which, from date of payment, antedate the report by more than seven years. Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 383 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Katz v. Donna Karan Co. (2017) addressed the FACTA truncation rule in 1681c(g) and affirmed dismissal for lack of Article III standing, treating material risk of harm as a fact question. Edward Seamans v. Temple University (2014) held the seven-year window in 1681c(a)(4) is extended for an education loan only until that loan is repaid.
Opinions citing this section in our collection:
- Katz v. Donna Karan Co. (Court of Appeals for the Second Circuit 2017, 872 F.3d 114)✓A shopper sued two stores whose receipts printed the first six digits of his credit card number; the Second Circuit affirmed dismissal for lack of standing, seeing no clear error in the finding that those digits show only the card issuer, not a material risk of identity theft.
- Edward Seamans v. Temple University (Court of Appeals for the Third Circuit 2014, 744 F.3d 853)✓A defaulted university loan kept appearing on a borrower's credit reports after he repaid it because the school never reported the delinquency date; the Third Circuit held the Higher Education Act suspends section 1681c(a)(4)'s aging-off rule only until repayment.
- Gonzales v. Arrow Financial Services, LLC (Court of Appeals for the Ninth Circuit 2011, 660 F.3d 1055)✓A debt buyer offered to settle health club debts over seven years old, saying that if it was reporting the account the bureaus would be told it was settled; the Ninth Circuit, treating those debts as unreportable under section 1681c(a)(4), called that implication misleading.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Long Does a Felony Stay on Your Record? (2026), Background Check Laws by State (2026 Guide), Alabama Background Check Laws (2026 Guide)
Sources and References
- West Virginia Judiciary, Court Record Access(courtswv.gov).gov
- West Virginia Code § 61-11-25, Expungement of certain criminal records(code.wvlegislature.gov).gov
- West Virginia Judiciary, Magistrate Record Search(courtswv.gov).gov
- Cornell Legal Information Institute, 15 U.S.C. § 1681c (FCRA obsolete information)(law.cornell.edu)
- West Virginia Code § 51-4-2, Inspection of records and papers; copies(code.wvlegislature.gov)