Are Warrants Public Record in West Virginia?
The West Virginia Public Records Act gives citizens the right to inspect or copy warrant records maintained by any law enforcement agency in the state, except if such records are restricted by law. Requests for public warrants can be made online or in person at the record custodian’s office. Per the West Virginia Rules of Juvenile Procedure Rule 48, warrant records that pertain to juveniles (including West Virginia criminal records) are closed to the public. Every document submitted, like the written application, supporting affidavit(s), the original warrant, any duplicate warrant, the transcript of any hearing on the application for the warrant, and any related documents, are considered confidential juvenile court records under West Virginia Code § 49-5-103.
What is Considered a Warrant in West Virginia?
A warrant in West Virginia allows the police to arrest people, search premises, or carry out specific actions to ensure justice is served. Warrants permit law enforcement officers to perform activities normally seen as illegal. A West Virginia warrant is issued only when there is probable cause that someone committed an offense.
In West Virginia, justices and judges issue warrants, and the law allows more than one warrant to be issued on the same complaint. Generally, all warrants must contain a person's name. In cases where this name is unknown, the warrant must carry a description to help the arresting officers identify the person. Warrants are typically issued in West Virginia after a complaint has been filed, but sometimes, they can be issued at a justice's discretion.
Warrants issued in West Virginia typically feature the personal data of the wanted person, including their full name, weight, height, race, and eye color where relevant.
How to Find Out if You Have a Warrant in West Virginia?
It is possible to have an outstanding warrant and be unaware of it. Anyone who thinks this is the case can find out about the warrant in the following ways:
Contacting the West Virginia State Police
The state police are the most trusted source for warrant information in West Virginia. Police departments have lists of the most wanted persons on their websites. In addition, the police department can help conduct background checks to know one's warrant status. Persons can send in their requests to the state police by completing the form provided by the department. Also, a fee of $20 is required for the service.
Generally, the police can run checks on a person in West Virginia to see if they have a warrant. If the result shows that the person has an outstanding warrant, the police can immediately arrest them and take them to court.
Visiting the official website of the county's sheriff's department
Some counties in West Virginia have information on outstanding warrants on their website. They include Cabell County in Huntington City, Hampshire County, Charleston City in Kanawha County, Monongalia County, Randolph County, and Writ County.
Contacting a local court or court clerk
The court clerk keeps criminal records, including records on current and past warrants. The court clerk may find out if a person in West Virginia has an outstanding warrant.
Online databases
Many online databases can assist individuals in carrying out warrant searches to find out if they have active warrants in the state. Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government-run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
- The personal information of the alleged suspect
- Information regarding the issuing officer
- The location where the warrant was issued.
How Long Does a Warrant Stay Active in West Virginia?
The period that a warrant in West Virginia remains active depends on the kind of offense that led to the warrant. All states have their statute of limitations that determines how long a person is open to criminal prosecution. In West Virginia, there is no time frame for the prosecution of felonies except perjury. Hence, a person who has committed a felony and has a warrant for the offense can be arrested by law enforcement no matter how long the person has been in hiding.
On the other hand, a warrant issued where the offense is perjury is only active for three years.
Generally, persons who find active warrants upon carrying out a West Virginia warrant search are advised to contact a lawyer because the warrant will always be there, and no one can run forever. An experienced lawyer will know the proper steps to take and can help get a reduced punishment.
How Long Does It Take to Get a Warrant in West Virginia?
The timeframe for obtaining a warrant in West Virginia varies depending on several factors like warrant type, availability of the judge, and if the facts of the warrant complaints establish probable cause to believe that a person has committed an offense. Generally, a law enforcement officer should be able to get warrants in a matter of minutes or hours.
How Do Search Warrants Work in West Virginia?
A search warrant in West Virginia is a legal document that allows law enforcement officials to search a person, place, or property. As defined by the West Virginia Code, properties include books, documents, papers, and electronic and digital information (such as social media accounts). The purpose of a search warrant is to find items that were used or can be used for illegal activities or items that can serve as evidence in a case. In West Virginia, there are authorized persons who can issue search warrants:
- A judge of a court that has jurisdiction to try criminal cases in the county
- A justice of the county
- A mayor or judge of the police court of the municipality where the property to be searched is located
Not only does a West Virginia search warrant permit the search of properties, but it also authorizes the seizure of properties if:
- Stolen, embezzled, or obtained by false pretense
- Designed or used to commit a criminal offense
- Manufactured, sold, kept, concealed, possessed, controlled, or designed or intended for use or used to violate the criminal laws of West Virginia.
Furthermore, a West Virginia search warrant must be executed and returned to the court within ten days of issuance.
How Does a West Virginia Search Warrant Become Invalid?
The US Fourth Amendment prohibits government agencies from issuing warrants with no probable cause and conducting unreasonable searches and seizures on citizens. Hence, a West Virginia search warrant issued without probable cause will be rendered invalid.
Per the West Virginia Code, anyone who was a victim of an unlawful search and seizure can petition for the return of the property. Such a person may also move to suppress the use of the seized property as evidence. Such individuals may use either of these reasons to support their motion:
- The property was seized illegally without a warrant
- The warrant's affidavit is insufficient
- The warrant was issued without probable cause
- The warrant was not legally executed
If the court grants the defendant's motion, all seized properties will be returned.
How to Conduct an Active Warrant Search in West Virginia
Inquirers can conduct an active warrant search at West Virginia County Sheriff's Offices. For example, the Kanawha County Sheriff's Office allows access to warrant information online or in person. Here is how to make an online request:
- Go to the Kanawha County Sheriff's Office website
- Click on “Law Enforcement” at the top bar and select Warrant Division from the dropdown down
- Check the left bar and click “View Warrants”.
- Read the information on the page and show acceptance by clicking the “Continue” link
- Click on the warrant search links to view warrant information for the five patrol areas in Kanawha County.
Requesters can access the warrant date and number, name, age, and city. Alternatively, an active warrant search can be done in person at the Sheriff's Office. The fugitive’s name or warrant number may be required to conduct the search. In-person requests can be made at:
Kanawha County Sheriff's Office
Law Enforcement Division
301 Virginia Street East
Charleston, WV 25301
Phone: (304) 357-0200
Free Warrant Search Options in West Virginia
Free warrant search options are available at West Virginia County Sheriff's Offices. For example, the Boone County Sheriff’s Office provides online and in-person access to warrant information for free. To make an online request, go to the Sheriff's Office website and click “Warrants” at the top bar. A list of active warrants dating back to 1982 is available on the page. In-person requests can be made by visiting the Office from Monday to Friday from about 8 am to 4 pm. A free warrant search is only available for individuals who want to view warrant records without obtaining copies. A first name and/or last name or birth year may be required to conduct the search. The Boone County Sheriff’s Office is located at:
Boone County Sheriff’s Office
206 Court Street, Ste. 200
Madison, WV 25130
Phone: (304) 369-7340
West Virginia Arrest Warrants: Rules of Procedure
In West Virginia, a magistrate may issue an arrest warrant for an individual after finding probable cause that the person committed an offense. Arrest warrants issued in West Virginia are valid anywhere within the state. Arresting officers do not need to have the warrant in their possession while arresting the defendant. However, per the West Virginia Code, the officers are mandated to show the warrant to the subject upon request. Suppose the warrant is not available at the place and time of arrest, then the arresting officers must notify the arrestee of the alleged offense and the warrant.
An arrest warrant in West Virginia will contain the following:
- Information on the offender. (This includes the offender's name or other description that may help identify the person.)
- The alleged offense.
- The issuing date and place of the warrant.
- The office of the judicial officer that granted the warrant.
- Authorization for the arrest.
Notably, a person can be arrested in West Virginia without a warrant. Law enforcement has the right to arrest a person without a warrant if the person breaks the law in their presence. Also, the West Virginia Code reveals that anyone who commits a crime against public justice in West Virginia can be arrested without a warrant.
Child Support Arrest Warrants in West Virginia: What You Need to Know
A child support arrest warrant is issued when a non-custodial parent fails to pay the child support ordered by the court. This warrant is an enforcement tool used to ensure child support payments, and it permits law enforcement officers to arrest and detain the defaulting parent.
West Virginia frowns against any willful failure to pay child support to minors. Therefore, anyone who does not pay child support for a minimum of six months is guilty of a misdemeanor. Such individuals may be required to pay a fine between $100 and $5,000, jailed for not more than a year, or penalized with a fine and imprisonment.
Also, anyone who does not pay child support for 12 months commits a felony and may be fined or imprisoned. In this case, the penalty is one to three years in prison and a fine from $100 to $1,000.
Therefore, upon missing a child support payment, it is a good idea to perform a West Virginia warrant search to see if the court has issued a warrant in one's name. Identifying and resolving these warrants on time can go a long way to reducing penalties that the court may impose.
West Virginia Bench Warrants: Issuing and Arrests
A West Virginia bench warrant is issued in reaction to the disobedience of a court order or verdict. The common reasons behind the issuance of a bench warrant in West Virginia are as follows:
- Failure to pay court-ordered fines.
- Failure to pay child support.
- Failure to appear in court when summoned for a legal matter, either as a defendant, witness, or juror.
- Failure to obey court verdicts, like community service.
A bench warrant in West Virginia will remain active until the matter is resolved, and law enforcement agents can arrest persons who are subjects of bench warrants at any time and any place. Not being aware of one's bench warrant is not an excuse under the law. Therefore, individuals can carry out warrant searches occasionally to ensure they are not in default of any legal obligation.
Failure to Appear in West Virginia: Rules and Consequences
A Failure to Appear warrant is issued when a person summoned to a court hearing fails to be present in court on the scheduled date despite being notified. In this case, the subject of the failure to appear warrant may be a juror, a witness, or a defendant. For this offense, an individual can incur jail time, fines, and driver's license suspensions.
For instance, in the West Virginia magistrate courts, when someone does not report to the court within 15 days of a scheduled court date, the clerk will notify the West Virginia Division of Motor Vehicles of the offense (Rule 5.3, Rules of Criminal Procedure for Magistrate Courts).
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in West Virginia?
In West Virginia, missing court attracts different jail penalties depending on the type of case. Under Section 62-1C-17b of the West Virginia Code, anyone released on bail and who willfully fails to appear in court will be found guilty of the offense they were initially charged with.
For instance, persons charged with a felony and who miss their court dates are guilty of a felony in West Virginia. The incarceration penalty is for 1 to 5 years. However, if the original charge was a misdemeanor, the jail penalty is a year or less.
Furthermore, anyone admitted to bail or released pending an appearance as a material witness will be guilty of a misdemeanor for missing court.
Failure to Pay in West Virginia: How It Works
Anyone who fails to pay a court-ordered fine, surcharge, or restitution in West Virginia may become the subject of a bench warrant. One of the most common failures to pay offenses in West Virginia is failure to pay child support.
No-Knock Warrant in West Virginia: General Laws
A no-knock warrant issued in West Virginia gives the police permission to enter a residence or property without prior notice, as mandated by the Fourth Amendment.
With a no-knock warrant, law enforcement officers are not required to ring the doorbell, call out a person's name, or knock on the door. This kind of warrant is issued to avoid the destruction of evidence, the escape of suspects, the endangerment of officers' lives or other individuals, and shootouts with the police.
How to Perform a Federal Warrant Search
Inquirers can use online or in-person options to perform a federal warrant search. However, the fastest method of retrieving federal warrant records is online. Requesters can make online warrant search requests at:
- The U.S. Marshals Service website via the Most Wanted Fugitives list
- The U.S. Immigration and Customs Enforcement (ICE) website through the“Most Wanted” page.
- The Federal Bureau of Investigation (FBI) website through the “Most Wanted” list that requesters can use to conduct a federal warrant search
- The U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives website through the “Most Want” list.
- Some West Virginia Courts also have online tools where requesters can conduct a federal warrant search.
Does West Virginia DMV Check for Warrants?
The West Virginia DMV does not check for outstanding warrants when drivers apply for new licenses or renew their licenses. Rather, they will receive notifications from a West Virginia court when a warrant is issued for a person’s arrest. Aftward, the person’s driver’s license may be suspended until they are cleared of the warrant.
