Upshur County WV arrest records are official documents that show when someone was taken into custody by law enforcement. These records include details like the person’s name, date of birth, charges filed, booking date, and sometimes mugshots. In Upshur County, West Virginia, these records are maintained by the Sheriff’s Office and the Circuit Court Clerk. Anyone can request them because they are public records under state law. However, certain sensitive details may be hidden to protect privacy or ongoing investigations. The main office is located at 38 West Main Street in Buckhannon, WV 26201. You can visit in person during business hours—Monday through Friday, 8:00 am to 5:00 pm—or call (304) 472-1185 for general information. Staff will not give out warrant details over the phone for security reasons.
How to Request Upshur County Arrest Records
To get a copy of an arrest record in Upshur County, you must go in person or send a written request by mail. You’ll need to provide a government-issued photo ID, such as a driver’s license or passport. You also need to fill out a form with the subject’s full name and date of birth. This helps officials verify your identity and locate the correct file. Each document costs $5 to copy, and all requests are logged in the system. If you’re mailing your request, include a self-addressed stamped envelope and a check or money order for the fee. Processing usually takes 3 to 5 business days. For urgent needs, you can ask about expedited service, but extra fees may apply.
Required Information for Record Requests
- Full legal name of the person arrested
- Date of birth of the subject
- Approximate date of arrest (if known)
- Type of record needed (arrest report, mugshot, warrant, etc.)
- Requester’s valid photo ID
- Payment of $5 per document
Where to Find Upshur County Arrest Records Online
While most detailed arrest records require an in-person visit, some basic information is available online. The West Virginia Judiciary offers a free public portal where you can search case numbers, filing dates, and judge assignments. This system does not show full arrest reports or mugshots but gives you a starting point. Mugshots become public 24 hours after booking unless a judge seals them. Some third-party sites like InfoTracer and US Records collect and display this data, but they may charge a fee. Always double-check information from these sites with official sources, as errors can occur.
Official Online Resources
- West Virginia Judicial System Portal – Search case dockets and filings
- Upshur County Sheriff’s Office – Contact info and office hours
- WV Circuit Court Clerk – Original warrant and indictment documents
Types of Crimes Included in Upshur County Arrest Records
Upshur County arrest records cover both felony and misdemeanor offenses. Common crimes include drug possession, driving under the influence (DUI), theft, burglary, assault, and traffic violations. Violent crimes like homicide, sexual assault, robbery, and aggravated assault are less common but still documented. In 2017, only four violent incidents were reported out of 206 total arrests. That year, the arrest rate was 316 per 100,000 people—much lower than the national average of 739. Most arrests involved non-violent offenses such as drug-related charges or property crimes. All records are categorized by charge type, date, and location to help researchers find what they need.
Crime Statistics for Upshur County (2015–2017)
| Year | Total Arrests | Violent Crimes | Non-Violent Crimes |
|---|---|---|---|
| 2015 | 68 | 1 | 67 |
| 2016 | 72 | 2 | 70 |
| 2017 | 66 | 4 | 62 |
Understanding Warrants and Booking in Upshur County
An arrest warrant is a legal document signed by a judge that allows police to take someone into custody. In Upshur County, warrants are issued by the Clerk of the Circuit Court and filed at the courthouse. Once a person is arrested, they are booked at the county jail. Booking includes fingerprinting, photographing (mugshot), and recording personal details. Mugshots are released to the public after 24 hours unless sealed by court order. Active warrants can be checked in person at the Sheriff’s Office, but staff won’t confirm them over the phone. If you believe you have a warrant, it’s best to contact a lawyer before visiting the office.
What Happens During Booking?
- Personal information is collected (name, DOB, address)
- Fingerprints and mugshot are taken
- Personal belongings are inventoried and stored
- Charges are entered into the system
- Bond amount is set (if applicable)
Court Records vs. Arrest Records in Upshur County
Arrest records show when someone was taken into custody, but court records show what happened afterward. Court files include indictments, motions, hearing transcripts, and final judgments. These are kept by the Circuit Court Clerk and are also public. You can search them online or visit the courthouse at 40 West Main Street, Buckhannon. Certified copies cost $2 per page. Court records may show if charges were dropped, reduced, or led to a conviction. Always check both arrest and court records for a complete picture of a person’s legal history.
Privacy and Sealed Records in West Virginia
Not all arrest records are fully public. Judges can seal records if they involve minors, ongoing investigations, or sensitive personal information. Sealed records are not visible to the public and may require a court order to access. In some cases, people can petition to have their records expunged, especially if charges were dismissed or they were found not guilty. Expungement removes the record from public view, but it’s not automatic—you must file a request with the court. The process can take weeks or months and may require legal help.
Using Arrest Records for Background Checks
Many employers, landlords, and organizations use arrest records for background checks. However, having an arrest doesn’t mean someone was convicted. In West Virginia, it’s illegal for employers to discriminate based solely on an arrest without a conviction. Always verify the final disposition of charges before making decisions. You can do this by checking court records or asking the subject for documentation. Third-party background check services often compile this data, but they must follow federal laws like the Fair Credit Reporting Act (FCRA).
Common Mistakes When Searching for Arrest Records
People often assume that all arrest records are online or free. This is not true in Upshur County. Many think a phone call will get them the info they need, but staff won’t disclose warrant details remotely. Others forget to bring ID or don’t know the exact name or date of birth, which slows down the process. Some rely on outdated third-party sites that may have incorrect or incomplete data. Always use official sources and double-check spelling and dates to avoid delays.
Historical Context of Upshur County Law Enforcement
Upshur County was established in 1851 from parts of Randolph, Barbour, and Lewis counties. It’s named after Abel Parker Upshur, a Virginia statesman and former U.S. Secretary of State. The county seat, Buckhannon, has been the center of legal and law enforcement activity since the 19th century. The Sheriff’s Office and Circuit Court have maintained detailed records for over 170 years. These archives help researchers, historians, and families trace legal histories and community trends. While technology has changed how records are stored, the commitment to transparency remains strong.
Contact Information for Upshur County Records
For arrest records, warrants, or court documents, contact the following offices:
- Upshur County Sheriff’s Office
38 West Main Street, Buckhannon, WV 26201
Phone: (304) 472-1185
Hours: Monday–Friday, 8:00 am–5:00 pm - Circuit Court Clerk
P.O. Box 57, 40 West Main Street, Buckhannon, WV 26201
Phone: (304) 269-8229
Fax: (304) 269-2520
Frequently Asked Questions About Upshur County Arrest Records
Many people have questions about how to access, understand, or use arrest records from Upshur County. Below are answers to the most common inquiries based on official procedures and state law.
Can I get someone’s arrest record over the phone?
No, the Upshur County Sheriff’s Office does not release arrest or warrant details over the phone. This policy protects privacy and prevents misuse of sensitive information. You must visit in person with a valid photo ID and submit a written request. Staff will verify your identity and check your authority to access the record. Phone calls are only for general questions about office hours, fees, or procedures.
How long does it take to receive arrest records?
Most requests are processed within 3 to 5 business days. If you visit in person, you may receive copies the same day, depending on workload. Mailed requests take longer due to postal delivery times. Expedited service is available for urgent legal matters, but it costs extra. Always include a clear return address and correct payment to avoid delays.
Are mugshots always public in Upshur County?
Mugshots become public 24 hours after booking unless a judge orders them sealed. Sealing usually happens in cases involving minors, ongoing investigations, or sensitive personal issues. Once released, mugshots can appear on government websites and third-party databases. However, publishing them online does not imply guilt—only that an arrest occurred.
Can I remove my arrest record from public view?
You may be able to seal or expunge your record, but it’s not automatic. You must file a petition with the Circuit Court and attend a hearing. If charges were dismissed or you were acquitted, you have a stronger case. Expungement removes the record from public databases, but some agencies may still retain it internally. Consult a lawyer to understand your options under West Virginia law.
Why do some third-party sites charge for arrest records?
Third-party sites like InfoTracer or US Records gather public data and organize it for easy searching. They charge fees for convenience, speed, and additional features like nationwide searches. However, the same information is often available for free or low cost from official county offices. Always verify details from these sites with the Sheriff’s Office or court clerk to ensure accuracy.
What if I find an error in an arrest record?
If you spot a mistake—such as wrong name spelling, incorrect charge, or outdated status—contact the Upshur County Sheriff’s Office immediately. Provide proof of the error, like a court dismissal notice or corrected document. The office will review and update the record if needed. Errors can affect background checks, employment, and housing, so it’s important to fix them quickly.
Do arrest records show if someone was convicted?
Arrest records only show that someone was taken into custody—not the final outcome. To see if charges led to a conviction, you must check court records. These are available through the Circuit Court Clerk and show indictments, pleas, trial results, and sentencing. Always review both arrest and court files for a complete legal history.