Upshur County Public Records

How to Find Public Records in Upshur County in 2026

UpshurRecords.org provides access to publicly available information and data related to public records maintained by government agencies in Upshur County, West Virginia. Members of the public may use this resource to locate information that may include court filings, property documents, vital records, and other government-held materials. The availability and completeness of any particular record depends on the maintaining agency, the nature of the record, and applicable state law.

Records that may be accessible through official channels include:

Court records (civil, criminal, probate, and family court filings)
Property deeds, mortgages, and assessment records
Vital records (birth, death, marriage, and divorce certificates)
Business licenses and fictitious name registrations
Tax and land records
Voting and election records
County commission meeting minutes and agendas
Law enforcement incident reports (where permitted by law)
Land use and zoning documents

Records in Upshur County may be searched through official court resources, clerk offices, public access terminals, and online tools maintained by state and county agencies.

Online Access:

The West Virginia Judiciary court record access portal allows members of the public to search circuit court records from all fifty-five counties statewide, including Upshur County.
Magistrate court case information is searchable through the West Virginia Magistrate Case Record Search system. No registration is required for basic searches.
Property assessment data is available through the West Virginia real estate assessment search tool maintained by MapWV.gov, searchable by owner name, parcel ID, or street address.
Land and county collections, including historical deed and tax records, are accessible through the West Virginia State Auditor's land records database.

In-Person Requests: Members of the public wishing to inspect records in person may visit the Upshur County Clerk's Office, located at 40 West Main Street, Room 101, Buckhannon, WV 26201. Staff at the counter can assist with locating deeds, court filings, and other documents maintained by the office. Visitors are advised to arrive during regular business hours, Monday through Friday, 8:30 AM to 4:30 PM.

Written/Mail Requests: Written requests should be directed to the Upshur County Clerk's Office at 40 West Main Street, Room 101, Buckhannon, WV 26201. Requests must identify the record sought with sufficient specificity to allow staff to locate it. Under West Virginia Code § 29B-1-3, agencies are required to respond to written requests within five business days.

Phone/Email: The Upshur County Clerk's Office may be reached by telephone at (304) 472-1068. Email contact information is available through the West Virginia County Clerk Directory maintained by the WV Secretary of State.

What Are Public Records in Upshur County?

Public records in Upshur County are defined under West Virginia Code § 29B-1-2, which establishes that any document, paper, photograph, map, book, tape, or other material made or received by a public body in connection with the transaction of public business is a public record subject to inspection and copying. The following record types are maintained by county offices:

Record Type	Maintaining Office
Civil and criminal court records	Circuit Court Clerk
Probate and family court records	Circuit Court Clerk / Family Court
Property deeds and mortgages	County Clerk
Property tax assessments	County Assessor
Vital records (birth, death, marriage)	County Clerk / WV DHHR
Business licenses and fictitious names	County Clerk
Voting and election records	County Clerk
Commission meeting minutes	County Clerk
Law enforcement incident reports	Upshur County Sheriff's Office
Land use and zoning records	County Planning Commission

Upshur County court information confirms that Upshur County is part of the Eighteenth Judicial Circuit, which also includes Lewis County, and that family court matters for Lewis and Upshur Counties fall under the Seventeenth Family Court Circuit.

Is Upshur County an Open Records County?

Upshur County operates in full compliance with West Virginia's statewide open records framework. Under the West Virginia Freedom of Information Act, W. Va. Code § 29B-1-1 et seq., all public bodies in the state, including county offices, are required to make public records available for inspection and copying upon request. The Act establishes a presumption of openness, meaning that records are presumed to be public unless a specific statutory exemption applies.

As stated in the West Virginia Freedom of Information Act, "the people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know." This foundational principle governs how Upshur County agencies respond to records requests. The West Virginia Judiciary similarly maintains a policy of public access to court records consistent with state law and rules adopted by the Supreme Court of Appeals of West Virginia.

No county-specific ordinance restricts access beyond what state law permits. Members of the public may submit requests to any county office that maintains the records sought.

How Much Does It Cost to Get Public Records in Upshur County?

The current fee structure for public records in Upshur County is governed by state law and individual office schedules. Standard fees applicable to most requests are as follows:

Fee Type	Amount
Paper copies (per page)	$0.50 (standard rate)
Certification of documents	$1.00–$5.00 per document
Electronic copies	Varies by office
Search fees	Not permitted under FOIA for inspection

Under W. Va. Code § 29B-1-3(5), agencies may charge reasonable fees for the cost of reproducing records but may not charge for the time spent searching for or reviewing records in connection with a FOIA request. Inspection of records at the office is not subject to a fee.

Accepted payment methods at the Upshur County Clerk's Office include cash, check, and money order. Fee waivers may be available at the discretion of the maintaining office when disclosure is determined to be in the public interest, though no automatic waiver provision exists under current state law. Fees for certified copies of vital records, court documents, and recorded instruments may differ from standard copy fees and are set by the relevant office.

Does Upshur County Have Free Public Records?

Free inspection of public records is available to any member of the public at the office of the maintaining agency during regular business hours. Under West Virginia's Freedom of Information Act, no fee may be charged solely for the act of inspecting a record in person. The following resources are available at no cost:

In-person inspection at the Upshur County Clerk's Office, Circuit Court Clerk's Office, and County Assessor's Office during business hours
Online circuit court record searches through the West Virginia court record access portal, which provides case information at no charge
Magistrate court case searches via the magistrate record search system, available to the public without registration or fees
Property assessment data through the WV real estate assessment tool, which is freely accessible online
Historical land and deed records through the West Virginia State Auditor's county collections portal

The distinction between free inspection and free copies is significant: while inspection carries no charge, obtaining physical or certified copies is subject to the fee schedule described above.

Who Can Request Public Records in Upshur County?

Any person may request public records in Upshur County. Under West Virginia's Freedom of Information Act, eligibility to submit a records request is not limited to state residents, and requestors are not required to provide identification or state the purpose of their request as a condition of access to non-restricted records. The Act applies equally to individuals, organizations, businesses, and members of the press.

Specific provisions apply in limited circumstances:

Requestors seeking records that contain personal identifying information about third parties may receive redacted versions of documents.
Certain record types, such as sealed court records or juvenile records, require the requestor to demonstrate a legal basis for access.
Individuals requesting their own records from law enforcement or court files may be required to provide identification to verify identity.
Non-residents retain the same rights as residents under state law and may submit requests by mail, in person, or through authorized representatives.

The West Virginia County Clerk Directory provides contact information for the Upshur County Clerk's Office, which serves as the primary point of contact for most public records requests at the county level.

What Records Are Confidential in Upshur County?

Certain categories of records are exempt from public disclosure under West Virginia law. W. Va. Code § 29B-1-4 enumerates the specific exemptions applicable to public bodies statewide, including those in Upshur County. Records that are currently exempt from mandatory disclosure include:

Sealed court records, including those sealed by judicial order
Juvenile records, which are protected under separate provisions of the West Virginia Code
Records of ongoing law enforcement investigations, where disclosure would compromise the investigation
Personal identifying information, including Social Security numbers, financial account data, and similar identifiers
Medical and health records, protected under both state law and federal HIPAA regulations
Adoption records, which are sealed by statute
Child welfare and protective services records
Personnel records of public employees, with limited exceptions for disciplinary actions
Trade secrets and proprietary business information submitted to government agencies
Security plans and critical infrastructure details

When a record contains both exempt and non-exempt information, the maintaining agency is required to redact the exempt portions and release the remainder. The West Virginia Supreme Court of Appeals has noted that "the exemptions from disclosure must be construed narrowly so as not to defeat the purposes of the Act," reinforcing the presumption of openness that governs records access in the state.

Upshur County Recorder's Office: Contact Information and Hours

Upshur County Clerk's Office
40 West Main Street, Room 101
Buckhannon, WV 26201
(304) 472-1068
West Virginia County Clerk Directory

Office Hours:
Monday – Friday: 8:30 AM – 4:30 PM
Closed on state and federal holidays

The County Clerk, currently Carol J. Smith, maintains deeds, mortgages, liens, marriage records, business filings, election records, and commission minutes. This office serves as the primary repository for recorded land instruments and vital records at the county level.

Additional Offices:

Upshur County Circuit Court Clerk
40 West Main Street
Buckhannon, WV 26201
(304) 472-1068
Upshur County court information

The Circuit Court Clerk maintains civil, criminal, probate, and domestic relations case files for the Eighteenth Judicial Circuit. Members of the public may search circuit court records through the West Virginia Judiciary's court record access system.

Upshur County Magistrate Court
40 West Main Street
Buckhannon, WV 26201
(304) 472-1182
Magistrate Case Record Search

Magistrate court records, including civil claims and misdemeanor case information, are searchable online. 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."

Upshur County Assessor's Office
40 West Main Street
Buckhannon, WV 26201
(304) 472-4650
West Virginia property assessment search

The Assessor's Office maintains property tax assessment records, which are searchable online by owner name, parcel ID, map number, or street address through the statewide assessment portal.