Fayette County Public Records / Fayette County Arrest Records

Fayette County Arrest Records

How To Look Up Arrest Records in Fayette County in 2026

FayetteCountyRecords.us provides publicly available data and information related to arrest records in Fayette County, West Virginia. Members of the public may find records pertaining to the following categories:

Booking and arrest records
Criminal court case filings
Inmate custody status
Mugshots and booking photographs
Bond and bail information
Charge details and case dispositions

Records can be searched through official resources, clerk offices, public access terminals, and online tools maintained by state and county agencies. The following methods are available to members of the public seeking arrest record information.

Online Methods:

1. County Sheriff's Office Arrest Records

The Fayette County Sheriff's Office maintains arrest and booking records for individuals taken into custody within the county. The WV Regional Jail Authority provides an inmate offender search tool that allows members of the public to search for individuals currently or recently held in regional jail facilities. A daily incarcerations list is also published and updated regularly, reflecting individuals booked into WV Regional Jail Authority facilities. Search results may include the individual's name, booking date, charges, and custody status.

2. Local Police Departments

The City of Oak Hill Police Department and the Town of Fayetteville Police Department serve as primary municipal law enforcement agencies within Fayette County. Arrest logs and press releases containing arrest information may be available through each department's public records office. Members of the public may submit written requests for arrest logs directly to the respective department's records division.

3. County Clerk of Court Case Search

Arrest records are frequently linked to criminal court case filings. The West Virginia Judiciary provides a magistrate case record search tool that allows users to search by name for cases filed in magistrate court, including criminal matters arising from arrests. The court record access portal provides additional search options for circuit court cases. As noted by the West Virginia Judiciary, "Users are instructed to call or visit the magistrate court clerk in the county where a case is filed to obtain copies of specific court records."

4. State Law Enforcement Database

The West Virginia Division of Corrections and Rehabilitation maintains a statewide offender search database that includes individuals under state supervision. This resource is available at no cost to the public and includes information on individuals currently incarcerated in state correctional facilities or under supervised release.

In-Person Access:

Sheriff's Office:

Fayette County Sheriff's Office
100 North Court Street
Fayetteville, WV 25840
Phone: (304) 574-3590
Fayette County Sheriff's Office

Hours: Monday–Friday, 8:00 AM–4:00 PM
Requestors should bring a valid government-issued photo identification and, where available, the full legal name of the subject, date of arrest, and booking number. Copy fees apply per page.

Police Departments:

Fayetteville Police Department
100 North Court Street
Fayetteville, WV 25840
Phone: (304) 574-1200

Oak Hill Police Department
321 Main Street East
Oak Hill, WV 25901
Phone: (304) 465-0333

Records requests at municipal police departments must be submitted in writing. Fees for copies are assessed per page in accordance with state law.

Clerk of Court:

Fayette County Circuit Clerk
100 North Court Street
Fayetteville, WV 25840
Phone: (304) 574-4233

Hours: Monday–Friday, 8:30 AM–4:30 PM
The Circuit Clerk's office maintains criminal case files associated with arrests. Members of the public may inspect case files at the public access terminal located in the clerk's office. Copy fees are assessed per page.

By Mail:

Written requests submitted by mail to the Fayette County Sheriff's Office should include the following:

Full legal name of the subject
Date of birth
Date of arrest (if known)
Booking number (if known)
Requestor's full name and return mailing address
Payment for applicable copy fees

Mail requests to: Fayette County Sheriff's Office, 100 North Court Street, Fayetteville, WV 25840. Processing time varies and may take several business days to several weeks depending on record volume.

By Phone:

Fayette County Sheriff's Office: (304) 574-3590
Fayette County Circuit Clerk: (304) 574-4233

Telephone inquiries are limited in scope. Staff may confirm whether a record exists and direct callers to the appropriate online system or in-person visit for full record access.

Through Legal Channels:

Attorneys may request arrest records on behalf of clients through formal discovery processes. Subpoenas may be issued for detailed records not otherwise available to the general public. Records obtained through legal proceedings are subject to applicable court rules and protective orders.

Information Needed for Search:

Full legal name (first and last at minimum)
Date of birth or approximate age
Approximate date of arrest
Booking number (if known)
Jurisdiction of arrest (Sheriff, municipal police, or state agency)

Are Arrest Records Public in Fayette County

Arrest records in Fayette County are public records under West Virginia law. Pursuant to § 29B-1-3 of the West Virginia Freedom of Information Act, every person has the right to inspect or copy any public record of a public body, subject to specific statutory exemptions. Arrest records fall within the category of public records because they document the exercise of governmental authority and serve the interests of transparency, public safety, and community awareness.

What Arrest Information Is Public:

Arrestee name and aliases
Date and time of arrest
Location of arrest
Arresting agency
Charges filed at time of arrest
Booking number
Mugshot/booking photograph
Bond and bail information
Custody status
Basic demographic information (age, physical description)

Limitations on Public Access:

Juvenile arrest records (restricted or sealed by statute)
Expunged arrest records (removed from public access by court order)
Sealed records (court-ordered confidentiality)
Active investigation information
Undercover officer identities
Confidential informant information
Victim identifying information in certain cases
Witness protection participants

Constitutional and Legal Basis:

The West Virginia Constitution and the state's Freedom of Information Act establish the legal framework for public access to government records. The balance between transparency and individual privacy is addressed through statutory exemptions that protect sensitive information while preserving the public's right to know. The First Amendment provides press organizations with access to arrest records for reporting purposes, and due process principles ensure that individuals are informed of charges against them.

Who Can Access Arrest Records:

General public
Media organizations
Employers (subject to restrictions under the federal Fair Credit Reporting Act)
Landlords (subject to applicable restrictions)
Licensing agencies
Background check companies
Attorneys and legal professionals
Academic researchers

Restrictions on Use:

The federal Fair Credit Reporting Act (FCRA) governs the use of arrest records in employment and housing decisions. Employers and landlords who use consumer reporting agencies to obtain background check information must comply with FCRA requirements, including adverse action procedures. Under current law, arrests that did not result in conviction may not be used as the sole basis for adverse employment decisions in certain contexts. West Virginia does not currently have a statewide "ban the box" law applicable to private employers, though federal contractors are subject to separate requirements.

What's in Fayette County Arrest Records

Arrest records maintained by Fayette County law enforcement agencies and the West Virginia court system contain several categories of information.

Personal Identification Information:

Full legal name and aliases
Date of birth and age at time of arrest
Sex and race
Height, weight, eye color, and hair color
Identifying marks such as scars or tattoos
Address at time of arrest (may be partially redacted)

Arrest Details:

Arrest date and time
Location of arrest
Arresting agency and, in some cases, arresting officer name and badge number
Booking date, time, and booking number
Warrant information, if applicable

Charges Information:

Specific criminal charges and statute numbers violated
Charge classification (felony degree or misdemeanor class)
Number of counts per charge
Domestic violence or gang-related designations, if applicable

Booking Information:

Booking facility name and location
Booking photograph (mugshot)
Fingerprints (collected but not typically included in public-facing records)
Personal property inventory

Custody and Bond Information:

Current custody status (in custody, released, or bonded out)
Bond amount and bond type:
- Cash bond
- Surety bond
- Personal recognizance (PR bond)
- No bond
Release date and time, if applicable
Release conditions, if public

Court Information:

Court case number
Court jurisdiction
Scheduled arraignment date
Judge assignment, if available

What's Typically NOT in Public Arrest Records:

Detailed narrative of the arrest (police report details)
Witness statements
Victim identifying information
Evidence collected during investigation
Medical or mental health information
Social Security number (redacted)
Bank account or financial information

Difference Between Arrest Records and Related Documents:

Document Type	Description
Police Report	Detailed incident narrative prepared by the arresting officer
Court Records	Legal proceedings initiated after arrest
Criminal Records	Convictions, sentences, and dispositions
Background Check	Comprehensive screening drawing from multiple sources

How Much Does It Cost to Get Arrest Records in Fayette County?

The cost to obtain arrest records in Fayette County depends on the requesting agency and the format of the records requested. Under § 29B-1-3 of the West Virginia Freedom of Information Act, public bodies may charge reasonable fees for the search, retrieval, and copying of public records, but may not charge fees that exceed the actual cost of reproduction.

Standard Fee Schedule:

Record Type	Fee
Paper copies (per page)	$0.25–$1.00 (varies by agency)
Certified copies	$1.00–$5.00 per document
Electronic records	Varies; some agencies provide at no cost
Record search fee	Some agencies assess a nominal search fee

Inspection of records at a public access terminal is available at no charge in most cases.
Certification fees apply when an official seal or attestation is required.
Accepted payment methods at county offices include cash, check, and money order; some offices accept credit or debit cards.
Fee waivers may be available for indigent requestors or for requests made in the public interest, subject to agency discretion.
Online searches through the magistrate case record search and the WV Regional Jail Authority's offender search tools are available at no cost to the public.

How To Delete Arrest Records in Fayette County

West Virginia law provides two primary mechanisms for limiting public access to arrest records: expungement, which results in the physical destruction or sealing of records, and record sealing, which restricts public access without destroying the underlying record. Under current West Virginia law, expungement is available in specific circumstances governed by West Virginia Code § 61-11-25, which addresses the expungement of criminal records for first-time offenders and certain other qualifying individuals.

Circumstances Under Which Expungement May Be Available:

Charges that were dismissed or not prosecuted
Acquittals (not guilty verdicts)
Completion of a first-offender diversion program
Certain misdemeanor convictions after a waiting period
Certain felony convictions for qualifying offenses after a waiting period

Steps to Petition for Expungement:

Obtain a copy of the arrest record and associated court case from the Fayette County Circuit Clerk.
Confirm eligibility under the applicable statute based on the charge type and case disposition.
Prepare and file a Petition for Expungement in the Fayette County Circuit Court.
Pay the applicable filing fee to the Circuit Clerk.
Serve the petition on the prosecuting attorney's office and any other required parties.
Attend the scheduled hearing, at which the court will determine whether expungement is warranted.
If granted, the court issues an order directing all relevant agencies to expunge or seal the records.

Fayette County Circuit Court
100 North Court Street
Fayetteville, WV 25840
Phone: (304) 574-4233
West Virginia Judiciary

Fayette County Prosecuting Attorney's Office
100 North Court Street
Fayetteville, WV 25840
Phone: (304) 574-4233
Fayette County Prosecutor

Individuals seeking expungement are advised to consult with a licensed West Virginia attorney to assess eligibility and navigate the petition process. Following a court-ordered expungement, the petitioner may lawfully deny the existence of the expunged arrest in most contexts, including employment applications.

What Happens After Arrest in Fayette County?

The post-arrest process in Fayette County follows a structured sequence governed by West Virginia law and local court procedures.

Immediate Post-Arrest Process:

1. Transport to Jail

Individuals arrested in Fayette County are transported to the Southern Regional Jail, located in Beckley, West Virginia. As described on the Southern Regional Jail information page, the facility houses inmates incarcerated pursuant to an arrest or an order of a Fayette County court. Transport time varies based on the location of the arrest within the county.

Southern Regional Jail
1200 Airport Road
Beaver, WV 25813
Phone: (304) 256-6700
WV Regional Jail Authority

2. Booking Process

Upon arrival at the booking facility, the following steps are completed:

Personal information recorded
Photograph (mugshot) taken
Fingerprints collected
Criminal history and outstanding warrants checked
Personal property inventoried and stored
Medical and brief mental health screening conducted
Housing classification assigned

The booking process typically takes between one and four hours, depending on facility volume.

3. First Appearance/Initial Hearing

Under West Virginia law, an arrested individual must be brought before a magistrate without unreasonable delay, and in no event later than the first judicial day following arrest. At the initial appearance:

The individual is formally notified of the charges
The right to counsel is explained and a public defender may be appointed for indigent defendants
Bond or bail is determined
The individual is advised of their rights

Bond/Bail Process:

Cash Bond: The full bond amount is paid in cash and is refunded at the conclusion of the case, minus applicable fees.

Surety Bond: A licensed bail bondsman posts the full bond amount in exchange for a non-refundable premium, which is set by state regulation.

Personal Recognizance (PR Bond): The individual is released on a written promise to appear, based on community ties, employment status, criminal history, and the nature of the charges.

No Bond: The individual is held without bond in cases involving serious violent offenses, demonstrated flight risk, danger to the community, probation or parole violations, or active out-of-state warrants.

4. Release or Continued Detention

If bond is posted, the individual is processed for release, which may take between one and eight hours. Written conditions of release and court date information are provided. If bond is not posted, the individual remains in custody pending further court proceedings.

Accessing Legal Representation:

Fayette County Public Defender's Office
100 North Court Street
Fayetteville, WV 25840
Phone: (304) 574-1551

Eligibility for a public defender is based on financial need. Private counsel may be retained at any stage of the proceedings and may visit the jail for confidential consultations.

Charging Decision:

The Fayette County Prosecuting Attorney's Office reviews the arrest and determines whether to file formal charges, request additional investigation, decline prosecution, or file different charges. For felony offenses, a grand jury may be convened to determine whether probable cause exists to proceed with an indictment.

Court Process Overview:

Following arraignment, the case proceeds through pretrial discovery, pretrial motions, and pretrial conferences. The prosecution and defense may engage in plea negotiations at any stage. Case resolution options include dismissal, diversion programs (such as drug court or mental health court), plea agreement, or trial. If the defendant is convicted, a sentencing hearing is scheduled at which the court may impose incarceration, probation, fines, restitution, community service, or a combination of these sanctions.

Timeline Overview:

Stage	Timeframe
Arrest to first appearance	Within 24–48 hours
First appearance to arraignment	Days to weeks
Arraignment to resolution (misdemeanor)	Weeks to several months
Arraignment to resolution (felony)	Several months to over one year

Rights Throughout the Process:

Right to remain silent
Right to counsel
Right to a speedy trial
Right to confront witnesses
Right to present a defense
Right against self-incrimination
Right to appeal a conviction

Important Contacts:

Fayette County Sheriff's Office
100 North Court Street
Fayetteville, WV 25840
Phone: (304) 574-3590
Fayette County Sheriff

Fayette County Circuit Clerk
100 North Court Street
Fayetteville, WV 25840
Phone: (304) 574-4233
West Virginia Court Record Access

Fayette County Prosecuting Attorney
100 North Court Street
Fayetteville, WV 25840
Phone: (304) 574-4233
Fayette County Prosecutor

Fayette County Public Defender
100 North Court Street
Fayetteville, WV 25840
Phone: (304) 574-1551

How Long Are Arrest Records Kept in Fayette County?

Arrest records in Fayette County are retained according to schedules established by state law and the policies of the maintaining agency. Retention periods vary based on the type of record, the agency holding it, and the disposition of the underlying case.

Arrest Records Retention by Type:

Felony Convictions: Records are retained permanently by the Sheriff's Office, the Circuit Clerk, the West Virginia State Police Criminal Identification Bureau, and the FBI's National Crime Information Center (NCIC). These records appear on background checks indefinitely.

Misdemeanor Convictions: Records are retained permanently or for an extended period by local law enforcement and the court. The state repository retains these records as part of the individual's criminal history.

Dismissed Charges and Acquittals: Local law enforcement and court records may be retained for a period of years even when charges are dismissed or the individual is acquitted. These records may remain accessible unless the individual successfully petitions for expungement under applicable West Virginia statutes.

Charges Not Filed: Booking records for individuals who were arrested but against whom no charges were filed are subject to shorter retention periods and may be eligible for expungement.

Retention by Agency:

Agency	Record Type	Retention Period
Sheriff's Office	Booking records	Minimum 5 years; permanent for felonies
Circuit Clerk	Felony case files	Permanent
Circuit Clerk	Misdemeanor case files	Minimum 10 years
State Police	Criminal history	Permanent
FBI (NCIC)	All arrest records	Permanent

Digital vs. Physical Records:

Digital records maintained in records management systems and court electronic filing systems are retained indefinitely in most cases. Physical booking paperwork and fingerprint cards are retained according to the applicable schedule and may be destroyed after the retention period expires, provided no legal hold is in place.

Third-Party Databases:

Commercial background check companies and mugshot websites may retain arrest records indefinitely and are not subject to the same retention and expungement requirements as government agencies. The FCRA requires that consumer reporting agencies maintain accurate records, but third-party websites operating outside the consumer reporting framework may not update records following expungement.

Effect of Disposition on Retention:

Conviction: Permanent retention in all major databases; appears on background checks indefinitely.
Dismissal: May remain in databases unless expunged; not always reported on standard background checks.
Expungement: Physical destruction or sealing of local records; state repository updates records; FBI database may retain with a notation; removal from third-party databases is not guaranteed.

Impact on Background Checks:

Under the FCRA, most employment background checks cover a seven-year period for non-conviction records, though convictions may be reported indefinitely. West Virginia does not currently impose a shorter reporting period by statute. Arrests that did not result in conviction may not be used as the basis for adverse employment decisions in certain regulated industries.

How to Check Retention Status:

Members of the public may contact the Fayette County Sheriff's Records Division at (304) 574-3590 or submit a written public records request to inquire about the retention status of a specific arrest record. Fees may apply for copies of responsive records.