West Virginia public records are available to anyone, with no residency requirement and no obligation to explain why you want them. For most government documents, you submit a Freedom of Information Act (FOIA) request to the agency that holds the record. For court filings, birth and death certificates, deeds, and criminal history checks, you go through separate state or county offices that handle those categories directly.
Records You Can Get Without Filing a FOIA Request
Before writing a FOIA request, check whether what you want is already available through a dedicated channel. Several of the most-requested categories are.
Court Records
West Virginia’s judiciary offers free online searches of case records from all 55 counties. Circuit court filings are searchable through a statewide electronic portal, and magistrate court records have their own statewide search tool.1West Virginia Judiciary. Court Record Access – Search Landing Page Both civil and criminal case information is covered. Juvenile proceedings and sealed cases are restricted by law.
Birth, Death, and Marriage Certificates
Vital records are maintained by the Vital Registration Office within the West Virginia Department of Health. Certified copies cost $12 each, and the fee covers a search of the year you specify plus one year before and one year after. Same-day copies are available in person in Charleston; mail orders take a check or money order. The state does not offer direct online ordering, so any website advertising that service is a third-party vendor charging extra convenience fees.2West Virginia Department of Health. Certificate Requests
Deeds, Mortgages, and Property Records
Property records live at the county level. Each of the 55 counties maintains its own recorded documents through the county clerk’s office. Some counties have online search tools; others require an in-person visit. If you need a specific deed or mortgage, contact the clerk in the county where the property sits.
Criminal History
Criminal background checks go through the State Police Criminal Identification Bureau, which uses IdentoGO for processing. Every request requires written authorization from the person whose record is being searched.3West Virginia State Police. Criminal Records You cannot pull someone else’s criminal history by filing a FOIA request without their consent. Criminal court case information, however, is available through the court portals above.
Filing a FOIA Request for Everything Else
If the record you want is not covered by one of the channels above, FOIA is the tool. West Virginia’s statute, Chapter 29B of the state code, treats virtually every document created or held by a government agency as public. The presumption is openness, and the burden is on the agency to justify withholding anything.
The law reaches every state officer, agency, department, board, and commission across all three branches of government, plus county and city governments, school districts, special districts, and any body created by state or local authority or primarily funded by public dollars.4West Virginia Legislature. West Virginia Code Chapter 29B – Freedom of Information – Section 29B-1-2 Definitions “Records” covers paper, maps, photographs, recordings, emails, spreadsheets, and databases. If the record exists in electronic form, the custodian must provide an electronic copy when you ask for one.
Who Can Ask and What You Have to Say
Any person can request records. You do not need to be a West Virginia resident, a U.S. citizen, or a journalist, and you do not have to explain why you want the information.5West Virginia Legislature. West Virginia Code 29B-1-3 – Inspection and Copying of Public Record The statute does not technically require your request to be in writing, but putting it in writing protects you by creating a clear record of what you asked for and when.
The one firm requirement is that your request describe the records with “reasonable specificity.” That means being concrete enough for the custodian to identify and locate the documents. “All emails sent by the county administrator about the landfill contract between January and March 2025” is specific. “Everything about waste management” is not. Include a date range, the department or official involved, and the subject matter.
Where to Send It
Identify the records custodian at the agency holding the documents. Most state agencies list a FOIA contact or records custodian on their website. You can send your request by mail, email, or through an agency’s online portal if one exists. Some agencies offer standardized forms, but you don’t have to use them as long as your request meets the specificity standard.
Response Time and Fees
Once the agency receives your request, it has five business days to respond. Saturdays, Sundays, and legal holidays don’t count. Within that window the agency must either provide the records, tell you when and where to inspect and copy them, or deny the request in writing with specific reasons.5West Virginia Legislature. West Virginia Code 29B-1-3 – Inspection and Copying of Public Record
Agencies may charge fees to cover the actual cost of reproducing records. The statute explicitly prohibits per-hour search or retrieval fees. An agency can bill you for paper, toner, and postage, but it cannot pad the invoice with staff time for locating records. Per-page copy rates vary by agency because each sets its own based on actual reproduction expenses. Asking for electronic copies instead of paper should bring the cost down, since there’s no printing involved.
What Agencies Can Legally Withhold
The law carves out specific categories agencies may refuse to release. Exemptions must be read narrowly, and when a document contains both public and exempt material, the custodian has to redact the protected portions and release the rest. An entire document cannot be withheld because one paragraph is sensitive.6West Virginia Office of the Attorney General. The West Virginia Freedom of Information Act
The categories a general requester is most likely to run into:7West Virginia Legislature. West Virginia Code 29B-1-4 – Exemptions
- Personal, medical, or similar files where release would unreasonably invade someone’s privacy. You can always inspect your own file.
- Law enforcement records dealing with crime detection and investigation, plus internal notes maintained for law enforcement use.
- Internal memoranda prepared or received by a public body. This is broader than people expect and can cover preliminary drafts, policy discussions, and inter-office communications.
- Trade secrets, meaning proprietary formulas, processes, or data that give a business a competitive advantage and aren’t publicly known.
- Test questions and scoring keys for licensing, employment, or academic exams.
- Security plans and vulnerability assessments related to terrorism response.
- Records specifically shielded from disclosure by another statute.
That last category sweeps in federal privacy laws. FERPA protects student education records at any school receiving federal funding, so a West Virginia school district or public university cannot release grades, disciplinary records, or other personally identifiable education information without the student’s or parent’s written consent.8U.S. Department of Education. FERPA HIPAA adds a separate federal layer protecting health information held by covered providers and plans, independent of the state privacy exemption.
What to Do if You’re Denied
A denial must come in writing, must state the specific reasons the agency is withholding the records, and must inform you of your right to challenge the decision in court.5West Virginia Legislature. West Virginia Code 29B-1-3 – Inspection and Copying of Public Record A vague verbal refusal with no written explanation is itself a violation of the statute.
If you believe the denial is wrong, you can file for injunctive or declaratory relief in the circuit court of the county where the records are kept. The court reviews the dispute from scratch and does not defer to the agency’s judgment. The burden sits entirely on the agency to prove the exemption applies, and the judge can review the disputed documents privately to test the claim. An agency that still refuses to comply after a court order faces contempt.9West Virginia Legislature. West Virginia Code 29B-1-5 – Enforcement
FOIA cases get priority scheduling. The statute directs courts to assign them for hearing at the earliest practicable date and to expedite them, so agencies can’t wait you out procedurally.
If you win, the agency pays your attorney’s fees and court costs. West Virginia Code ยง 29B-1-7 entitles any person who successfully sues under FOIA to recover those expenses from the public body that denied access.10West Virginia Judiciary. Supreme Court of Appeals of West Virginia – Section: W. Va. Code 29B-1-7 That fee-shifting rule is what gives the statute teeth. An agency that stonewalls a legitimate request risks paying both sides’ legal bills.