Upshur County Public Records / Upshur County Arrest Records

Upshur County Arrest Records

How To Look Up Arrest Records in Upshur County in 2026

UpshurRecords.org provides data and publicly available information related to arrest records in Upshur County, West Virginia. Members of the public may access records that include booking details, charges filed, custody status, and court case information. The following categories of records may be available through official and third-party sources:

Arrest and booking records
Criminal court case filings
Jail roster and inmate status
Magistrate court records
Sex offender registry entries
Bond and release information

Records may be searched through official resources, clerk offices, public access terminals, and online tools. The following methods are currently available to members of the public seeking arrest record information.

Online Methods:

1. County Sheriff's Office Arrest Records

The Upshur County Sheriff's Office maintains booking records and arrest logs for individuals taken into custody within the county. Members of the public may contact the Sheriff's Office directly to inquire about current inmate status or recent arrests. The West Virginia Regional Jail Authority's daily incarceration list provides a real-time roster of individuals currently held in regional jail facilities, updated on a daily basis. The list includes the individual's name, facility location, and booking date.

Available information includes:

Full name and date of birth
Booking date and facility
Charges at time of arrest
Current custody status

2. Local Police Departments

The Buckhannon Police Department serves as the primary municipal law enforcement agency within Upshur County. Arrest logs and press releases containing arrest information are periodically published through the department's official communications. Members of the public may submit a written public records request to obtain copies of arrest reports or incident logs.

Buckhannon Police Department
70 E. Main Street
Buckhannon, WV 26201
Phone: (304) 472-5000
City of Buckhannon

3. County Clerk of Court Case Search

Court cases arising from arrests in Upshur County are filed in the Upshur County Circuit Court or Magistrate Court. The West Virginia Magistrate Court record search allows members of the public to search by name for cases filed at the magistrate level. 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 Circuit Clerk
38 West Main Street, Suite 101
Buckhannon, WV 26201
Phone: (304) 472-1068
West Virginia Judiciary

4. State Law Enforcement Database

The West Virginia Regional Jail Authority maintains a statewide offender search tool that allows members of the public to search for individuals currently or previously held in regional jail facilities across the state. The search tool accepts name-based queries and returns facility assignment, booking date, and charge information. No fee is required to use this online search tool.

In-Person Access:

Sheriff's Office:
Upshur County Sheriff's Office
38 West Main Street
Buckhannon, WV 26201
Phone: (304) 472-1180
Hours: Monday–Friday, 8:00 AM–4:30 PM
Requestors should bring a valid government-issued photo identification and, where available, the full name of the subject, date of arrest, and booking number. Fees for copies are assessed at the standard rate established under West Virginia law.

Clerk of Court:
Upshur County Circuit Clerk
38 West Main Street, Suite 101
Buckhannon, WV 26201
Phone: (304) 472-1068
Hours: Monday–Friday, 8:30 AM–4:30 PM
Criminal case files are available for inspection during regular business hours. Copy fees apply per page as established by state statute.

By Mail:

Written requests submitted by mail to the Upshur County Sheriff's Office should include the subject's full legal name, date of birth, approximate date of arrest, booking number if known, and the requestor's return mailing address and contact information. Payment for copies must accompany the request. Processing time varies based on volume but is typically completed within five to ten business days.

By Phone:

The Upshur County Sheriff's Office may be reached at (304) 472-1180 during regular business hours. Limited information, such as current custody status, may be provided by phone. Requestors should have the subject's full name, date of birth, and approximate arrest date available. Detailed records requests are referred to the in-person or written request process.

Through Legal Channels:

Attorneys of record may request arrest records and associated documentation through formal discovery proceedings. Subpoenas may be issued for records not otherwise available through standard public access channels. Records obtained through legal proceedings may include materials not available to the general public.

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's Office, Buckhannon Police, or State Police)

Are Arrest Records Public in Upshur County

Arrest records in Upshur County are public records under West Virginia law. Pursuant to W. Va. Code § 29B-1-1, the West Virginia Freedom of Information Act establishes that all public records are presumed open to inspection unless a specific exemption applies. Arrest records fall within the category of law enforcement records subject to public disclosure, supporting government transparency, public safety awareness, journalistic inquiry, and background screening purposes.

What Arrest Information Is Public:

Arrestee name and known 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
Current custody status
Basic demographic information (age, physical description)

Limitations on Public Access:

Juvenile arrest records (restricted or sealed under state law)
Expunged arrest records (removed from public access by court order)
Sealed records (subject to court-ordered confidentiality)
Active investigation information that would compromise law enforcement operations
Undercover officer identities
Confidential informant information
Victim identifying information in certain offense categories
Participants in witness protection programs

Constitutional and Legal Basis:

The West Virginia Constitution and the Freedom of Information Act together establish the legal framework for public access to government records. Courts have recognized that the First Amendment supports press and public access to arrest information as a matter of democratic accountability. At the same time, due process considerations require that arrest records be understood as documentation of an accusation, not a determination of guilt.

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:

Employers and landlords using arrest records for screening purposes must comply with the federal Fair Credit Reporting Act (FCRA), which governs the use of consumer reports including criminal history information. West Virginia does not currently have a statewide "ban the box" law applicable to private employers, though federal contractors are subject to separate requirements. A critical distinction exists between an arrest record and a conviction record; an arrest without a resulting conviction does not establish criminal liability.

What's in Upshur County Arrest Records

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:

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

Booking Information:

Name and location of booking facility
Intake timestamp
Booking photograph (mugshot)
Fingerprints (collected but not included in public-facing records)
Inventory of personal property

Custody and Bond Information:

Current custody status
Bond amount and type (cash bond, surety bond, personal recognizance, or no bond)
Release date and time if applicable
Conditions of release if made part of the public record

Court Information:

Assigned court case number
Court jurisdiction (Circuit Court or Magistrate Court)
Scheduled arraignment date
Judge assignment where available

What's Typically NOT in Public Arrest Records:

Detailed narrative of the arrest from the police report
Witness statements and victim information
Evidence collected during investigation
Medical or mental health information
Social Security number (redacted)
Financial account information

Difference Between Arrest Records and Related Documents:

Police reports: Contain detailed incident narratives not always available in the public arrest record
Court records: Document legal proceedings initiated after arrest
Criminal records: Reflect convictions and sentences imposed
Background checks: Aggregate information from multiple sources including court, law enforcement, and state repositories

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

Under West Virginia law, agencies may charge fees for the actual cost of reproducing public records. The standard copy fee established under W. Va. Code § 29B-1-3 is currently $0.25 per page for standard paper copies. The following fee structure applies to arrest record requests in Upshur County:

Record Type	Fee
Standard paper copy (per page)	$0.25
Certified copy	Varies by office
Electronic records (where available)	No charge or nominal fee
In-person inspection	No charge
Search fee	No charge (inspection only)

Inspection fees: Members of the public may inspect records at no charge during regular business hours.
Copy fees: $0.25 per page for standard copies at the Sheriff's Office and Circuit Clerk's Office.
Certification fees: Certified copies from the Circuit Clerk carry an additional fee; requestors should confirm the current amount directly with the clerk's office.
Electronic format: Online searches through the West Virginia Regional Jail Authority and court systems are available at no charge.
Fee waivers: Agencies may waive fees at their discretion, particularly for indigent requestors or requests serving a clear public interest.

Accepted payment methods at the Upshur County offices include cash, money order, and personal check made payable to the respective office. Members of the public may access online databases maintained by the state at no cost.

How To Delete Arrest Records in Upshur 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 while preserving the record for law enforcement purposes. Under W. Va. Code § 61-11-25, individuals who were arrested but not convicted, or whose charges were dismissed, may petition the circuit court for expungement of the arrest record.

Eligibility for expungement in West Virginia includes the following circumstances:

Charges were dismissed or not filed by the prosecutor
The individual was acquitted at trial
The individual successfully completed a first-offender diversion program
Certain misdemeanor convictions after a waiting period has elapsed
Certain felony convictions after a waiting period, subject to offense-specific restrictions

Steps to Petition for Expungement:

Obtain a copy of the arrest record and associated court case information from the Upshur County Circuit Clerk.
Confirm eligibility based on the offense type, disposition, and applicable waiting period under state law.
Complete the petition for expungement and file it with the Upshur County Circuit Court.
Serve the petition on the prosecuting attorney's office as required by court rules.
Attend the scheduled hearing; the court will grant or deny the petition based on statutory criteria.
If granted, the court order is forwarded to the arresting agency, the Circuit Clerk, and the West Virginia State Police for record destruction or sealing.

Upshur County Circuit Court
38 West Main Street
Buckhannon, WV 26201
Phone: (304) 472-1068
West Virginia Judiciary

Upshur County Prosecuting Attorney's Office
38 West Main Street
Buckhannon, WV 26201
Phone: (304) 472-1010

Individuals seeking expungement are advised to consult with a licensed West Virginia attorney. The West Virginia State Bar Lawyer Referral Service can assist in identifying qualified legal counsel.

What Happens After Arrest in Upshur County?

Immediate Post-Arrest Process:

1. Transport to Jail

Individuals arrested in Upshur County are transported to the Tygart Valley Regional Jail and Correctional Facility, which serves Upshur County along with Barbour, Pocahontas, Preston, Randolph, Taylor, and Tucker counties.

Tygart Valley Regional Jail and Correctional Facility
400 Abbey Road
Belington, WV 26250
Phone: (304) 823-1800
WV Division of Corrections and Rehabilitation

2. Booking Process

Upon arrival at the facility, the booking process is initiated and typically requires one to four hours depending on facility volume. The process includes:

Recording of personal identification information
Advisement of Miranda rights
Booking photograph (mugshot)
Fingerprint collection
Criminal history and outstanding warrant check
Inventory and storage of personal property
Issuance of jail uniform
Medical and brief mental health screening
Housing classification assignment

3. First Appearance/Initial Hearing

Under West Virginia law, an arrested individual must be brought before a magistrate without unreasonable delay, and in practice this occurs within 24 to 72 hours of arrest. At the initial appearance:

The individual is formally notified of the charges
The right to appointed counsel is addressed for indigent defendants
Bond or bail is determined by the magistrate
The individual is advised of their rights

Bond/Bail Process:

Cash Bond: The full bond amount is paid in cash to the court. The amount is refunded upon conclusion of the case, minus applicable fees, provided all court appearances are made.

Surety Bond: A licensed bail bondsman posts the full bond amount in exchange for a non-refundable premium, typically ten percent of the total bond. The bondsman assumes financial responsibility for the defendant's appearance.

Personal Recognizance (PR Bond): The individual is released on a written promise to appear, without monetary payment, based on community ties, employment status, criminal history, and the nature of the charges.

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

4. Release or Continued Detention

If bond is posted, processing for release typically takes one to eight hours. The individual receives their personal property, a written notice of court dates, and any written conditions of release. Failure to appear at scheduled court dates results in bond forfeiture and issuance of a bench warrant.

If bond is not posted, the individual remains in custody, receives a housing assignment, and is oriented to facility rules including commissary, phone, and visitation procedures.

Accessing Legal Representation:

Upshur County Public Defender's Office
38 West Main Street
Buckhannon, WV 26201
Phone: (304) 472-5540

Eligibility for appointed counsel is based on financial need. Private counsel may be retained at any stage of the proceedings and is permitted confidential consultation access at the jail facility.

Charging Decision:

The Upshur County Prosecuting Attorney's Office reviews the arrest and determines whether to file formal charges, request additional investigation, decline prosecution, or file modified charges. For felony offenses, a grand jury may be convened to determine whether probable cause exists to proceed by indictment. Arraignment follows the filing of charges, at which time the defendant enters a formal plea.

Court Process Overview:

The pretrial phase includes discovery exchange, pretrial motions, and pretrial conferences. Case resolution may occur through dismissal, diversion program completion, a negotiated plea agreement, or trial. If convicted, sentencing options include incarceration, probation, fines, restitution, community service, treatment programs, or a combination thereof. The defendant receives credit for time served in pretrial detention.

Timeline Overview:

Arrest to first appearance: 24–72 hours
First appearance to arraignment: Days to several weeks
Arraignment to resolution: Several months, varying by complexity
Misdemeanors: Resolved within weeks to a few months
Felonies: May extend six months to over one year
Right to speedy trial: Guaranteed under the West Virginia Constitution and the Sixth Amendment to the U.S. Constitution

Rights Throughout the Process:

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

Important Contacts:

Upshur County Sheriff's Office
38 West Main Street
Buckhannon, WV 26201
Phone: (304) 472-1180
Upshur County Sheriff

Upshur County Circuit Clerk
38 West Main Street, Suite 101
Buckhannon, WV 26201
Phone: (304) 472-1068
West Virginia Judiciary

Upshur County Prosecuting Attorney
38 West Main Street
Buckhannon, WV 26201
Phone: (304) 472-1010

Upshur County Public Defender
38 West Main Street
Buckhannon, WV 26201
Phone: (304) 472-5540

What to Do If Arrested:

Remain calm and cooperative with law enforcement
Do not physically resist arrest
Exercise the right to remain silent
Request an attorney immediately and do not discuss the case with anyone other than counsel
Contact family or a trusted individual for assistance with bail
Attend all scheduled court dates without exception
Comply with all conditions of release

How Long Are Arrest Records Kept in Upshur County?

Records Retention Overview:

Records retention in Upshur County is governed by state law and the policies of the West Virginia Division of Archives and History. Under West Virginia administrative rules, law enforcement agencies and courts are required to maintain records in accordance with approved retention schedules. The retention period varies based on the type of record and the disposition of the associated case.

Arrest Records Retention by Type:

Felony Convictions:

Retained permanently by the Sheriff's Office, Circuit Clerk, West Virginia State Police criminal history repository, and the FBI's National Crime Information Center (NCIC)
Part of the individual's permanent criminal history record

Misdemeanor Convictions:

Retained permanently or for an extended period by local law enforcement and the court
Reported to the state criminal history repository and maintained in accordance with state retention schedules

Dismissed Charges:

Local law enforcement records are retained for a minimum period before potential destruction
Court records may be retained permanently unless expunged by court order
Records remain accessible unless the subject successfully petitions for expungement

Acquittals:

Court records are retained and may be permanent
Local law enforcement records are subject to the applicable retention schedule
Eligible for expungement petition under state law

Charges Not Filed:

Booking records are subject to the shortest retention periods
May be eligible for expungement upon petition

Digital vs. Physical Records:

Digital records maintained in records management systems and court electronic filing platforms are retained for extended periods, often permanently. Physical booking paperwork, fingerprint cards, and photographs are subject to the applicable retention schedule. Third-party commercial databases may retain records indefinitely and are not subject to law enforcement retention policies or expungement orders.

Retention by Agency:

Sheriff's Office: Booking records and arrest reports are retained in accordance with the West Virginia records retention schedule applicable to law enforcement agencies. Investigative files are retained based on case disposition and offense classification.

Circuit Clerk: Felony case files are retained permanently. Misdemeanor and traffic case files are retained for periods specified in the state court records retention schedule. Electronic records are retained permanently in most instances.

West Virginia State Police: The state criminal history repository maintains records from all jurisdictions within the state. Retention policy follows state administrative rules and is updated upon receipt of expungement orders.

FBI Database: Records entered into the NCIC and the Interstate Identification Index (III) are retained at the federal level, typically permanently, and are accessible to law enforcement agencies nationwide for background check and investigative purposes.

Effect of Disposition on Retention:

A conviction results in permanent retention across all relevant databases. A dismissal or acquittal may result in the record remaining in databases unless the subject obtains an expungement order. An expungement order directs local agencies and the state repository to destroy or seal the record; however, the FBI database may retain a notation, and third-party commercial websites are not legally required to remove records upon expungement.

Impact on Background Checks:

Under the federal Fair Credit Reporting Act, most employment background checks are limited to a seven-year reporting window for non-conviction records. Conviction records may be reported indefinitely. West Virginia does not currently impose a shorter reporting window by state statute, though employers remain subject to federal FCRA requirements regarding the use of arrest records that did not result in conviction.

How to Check Retention Status:

Members of the public may contact the Upshur County Sheriff's Records Division at (304) 472-1180 to inquire about the status of a specific arrest record. A written public records request may be required, and applicable copy fees may apply.