Berkeley County, West Virginia Arrest Records
Berkeley County arrest records document the apprehension, booking, and detention of individuals suspected of committing a criminal offense within the county. Filed by law enforcement officers, booking personnel, and jail officials, they often contain biographical data, booking details, and charge information related to a criminal incident. As the two largest law enforcement agencies in the area, the Berkeley County Sheriff’s Office and Martinsburg Police Department create and maintain a majority of arrest records.
The definition of arrest records is based on the West Virginia Freedom of Information Act (FOIA), found at W. Va. Code § 29B-1. The law describes public records, including arrest records, as any writing prepared or received by a public body, such as a law enforcement agency. Arrest records are generated to document the actions of public safety personnel. They help the public stay informed and keep law enforcement in check.
Crucially, an arrest record generally describes a single criminal incident and differs from a comprehensive criminal offender record. The latter encompasses every alleged and proven criminal activity carried out statewide or countrywide. W. Va. Code § 15-2-24 establishes a Criminal Identification Bureau to file and receive fingerprints, photographs, and other information related to criminal activity and dispense the same to eligible agencies and persons upon request.
Are Arrest Records Public Information in Berkeley, West Virginia?
Section 29B-1-1 of West Virginia's FOIA states that all persons are presumed entitled to full and complete information regarding government affairs and the official acts of public representatives, including law enforcement officers. Generally, this right to full disclosure does not include information exempted by the FOIA itself or other laws. For example, some disclosures may represent an unreasonable invasion of privacy, while others may interfere with an ongoing law enforcement investigation under W. Va. Code § 29B-1-4.
Per W. Va. Code § 29B-1-3(a), a record requester can be from Berkeley County, elsewhere within West Virginia, or anywhere within the United States. However, the requester must clearly describe the information they need, which means presenting cogent details such as a name, incident number, incident description, or date of birth. Furthermore, while there is no explicit requirement to submit an ID when requesting arrest records, a name and return address are typically required for processing. Where there is no online database to review, record seekers can make requests through an official form, mail, email, or a physical visit to the relevant agency.
What Do Public Berkeley County Arrest Records Contain?
An arrest record for a Berkeley County resident generally contains the following standard details:
- Full name and date of birth
- Sex, race, height, and weight
- Booking date, booking photograph, and current status
- Charge(s) and case number(s)
- Arresting agency and location within the state's jail system
- Bond Information
While these details are public, W. Va. Code § 29B-1-4 lists information that law enforcement agencies may withhold from public view, often to protect a person's privacy, safeguard official investigations, or comply with court directives.
- Personal information, including medical and psychological data
- Investigative portions of arrest records
- Records of vehicles and other equipment used to effect an arrest
- Information that a specific state law says cannot be disclosed
- Information that can personally identify the arresting officer(s)
- General intelligence or investigative records
- Juvenile records
- Administrative records of a detention facility
Berkeley County, West Virginia Arrest Search
Researchers may use several resources to track down arrest information for Berkeley County residents who have been arrested and processed into state or federal detention systems.
The Regional Jail Authority (RJA) division of the West Virginia Department of Corrections and Rehabilitation (WVDCR) maintains distinct but interconnected arrest search databases. Individuals who wish to search for a specific person who has been arrested and is currently incarcerated in the state's jail system may use the standard Offender Search. Searchers must enter at least the first three letters of a last name, while providing the first name is optional.
Researchers who want to monitor recent arrests in the local area can use the Daily Incarceration Search instead. By specifically searching Berkeley, they can use the portal as a daily booking log or police blotter.
Qualified individuals, businesses, and government agencies can also run a statewide or countrywide arrest search by submitting a criminal records request to the Criminal Investigation Bureau division of the West Virginia State Police.
The Federal Bureau of Prisons Inmate Locator tool enables individuals to locate Berkeley residents who have been arrested on federal charges, while the Public Access to Court Electronic Records (PACER) database allows users to look up federal criminal court charges, including arrests prosecuted in West Virginia.
Berkeley County Inmate Locator
West Virginia operates a regional jail system rather than county-level jails. Consequently, Berkeley County does not provide an exclusive inmate search tool. Record seekers must use the state's Daily Incarceration Search for inquiries; by clicking the county dropdown menu and selecting "Berkeley," users can locate recent arrests.
Because most arrests conducted in Berkeley are processed at the Eastern Regional Jail, individuals can review that facility's WVDCR page for daily admission listings.
Users may also submit incident report requests to the Berkeley County Sheriff’s Office. The flat rate for a standard report is $20, with additional costs for extra information such as a photograph or other footage. A requester must specify the date, time, and location of the crime in the request form. The completed form, fee, and a self-addressed stamped envelope, if necessary, should be sent by mail or submitted directly at
Berkeley County Sheriff's Office
510 South Raleigh Street
Martinsburg, WV 25401
Phone: (304) 267-7000
Active Warrant Search in Berkeley County
A Berkeley County arrest warrant is a legal instrument issued by a local magistrate or circuit court judge to law enforcement. It authorizes the Sheriff's Office or a local police department to arrest an individual upon probable cause that they have committed an offense against the state.
According to W. Va. Code §62-1-3, a valid arrest warrant must contain the name or alias of the defendant, a description of the charges filed against them, and a declaration that they must be arrested and brought before a justice for an initial appearance. The warrant document is always signed by a specific issuing judge or magistrate.
Individuals who wish to confirm the existence of an active warrant in Berkeley County can contact local law enforcement or the clerk of the Berkeley County Magistrate Court by phone or in person. The clerk may be contacted at
Berkeley County Judicial Center
380 West South Street
Martinsburg, WV 25401
Phone: (304) 264-1957
Fax: (304) 267-1373
Furthermore, the Berkeley County Sheriff's Office maintains an online page for wanted individuals with active arrest warrants. If the desired name does not exist on this list, inquirers, whether by phone or in person, can submit the following details to facilitate a search:
- Full name and any known aliases
- Date of birth
- Case number or citation ID if available
Warrants generally have a similar disclosure status to arrest records in West Virginia, although an active warrant may be restricted if disclosure may negatively impact police efforts to locate the defendant.
|
Agency / Resource |
Purpose |
Search Methods |
Notes |
|---|---|---|---|
|
Berkeley County Sheriff’s Office |
Maintains and serves warrants |
Phone, in person |
Limited results on the "wanted persons" list |
|
Berkeley County Magistrate Court |
Issues warrants |
In person |
Call the magistrate clerk at (304) 264-1957 |
|
Provides Magistrate Court criminal case information |
Online |
Searchable by name or case number to find cases that may have associated warrants |
How to Find Arrest Records for Free in Berkeley County
The Berkeley County Sheriff’s Office and Martinsburg Police Department do not provide official online arrest logs for the public. As a result, record seekers may have to rely on free state and judicial resources to review recent arrests.
- WVDCR Daily Incarceration Search: When filtered for Berkeley County, this tool acts as a daily detention log.
- WVDCR Offender Search: Users can freely search this database by name to retrieve arrest and incarceration records for persons housed in state regional jails and prisons.
These tools may provide details on the who, what, and when of an arrest, but almost never the why or where. Generally, they offer basic summaries but not full incident reports and are accessible remotely from anywhere with no constraints beyond a CAPTCHA check.
Berkeley County Arrest Report
Berkeley County arrest reports are detailed documents that comprehensively set out the facts of an arrest incident. As opposed to a basic arrest record, these reports describe what happened in detail, usually from the perspective of the arresting officer or police investigator.
W. Va. Code § 29B-1-4(a)(4) protects detailed criminal investigation reports from public disclosure, especially during the investigation phase. The subject of the investigation may obtain these records, but only through their attorney during criminal discovery.
How to Get an Arrest Record Expunged in Berkeley County
Although law enforcement agencies and the courts are bound by law to maintain arrest records and the resulting criminal case files, these records can be expunged at the defendant's request if the case meets the eligibility conditions set out in state law.
Expungement can happen in one of two broad scenarios:
- Charges are dropped, the case is dismissed, or the case results in a verdict of not guilty.
- A criminal conviction resulted from an eligible misdemeanor or nonviolent felony offense.
According to W. Va. Code §61-11-25, individuals with dropped, dismissed, or not-guilty cases may file for expungement 60 days after the final court verdict. If the petition succeeds, the criminal case file with the clerk of court is sealed, while arrest and similar records in law enforcement's custody are permanently destroyed.
Likewise, an individual convicted of a misdemeanor or nonviolent felony who has served all terms of the sentence may pursue expungement in accordance with W. Va. Code §61-11-26. However, the waiting time varies according to the conviction.
- One year for a single misdemeanor
- Two years for multiple misdemeanors
- Five years for a nonviolent felony
If an expungement petition is granted, the criminal case file becomes confidential. Meanwhile, any arrest record tied to the specific incident is removed from local or state law enforcement databases.
This record-deletion mechanism may be triggered only once per individual. If a beneficiary is convicted of another offense, a second expungement petition will not be granted.
How Do You Remove Berkeley County Arrest Records From the Internet?
In some cases, an independent, private search engine or a formal background check company may host arrest records online. Berkeley County residents who wish to get their records removed from these sites may submit a certified copy of their official West Virginia expungement order directly to the specific website and request a voluntary removal.