Mineral County Arrest Records
How To Look Up Arrest Records in Mineral County in 2026
MineralRecords.us provides access to publicly available information related to arrest records in Mineral County, West Virginia. Members of the public may find booking records, charge information, custody status, court case data, mugshots, and bond details through official and third-party sources. Record availability may vary depending on the agency, the disposition of the case, and applicable state law.
Records can be searched through official resources, clerk offices, public access terminals, and online tools. The following methods are available to members of the public seeking arrest record information.
Online Methods:
1. County Sheriff's Office Arrest Records
The Mineral County Sheriff's Office maintains arrest and booking records for individuals taken into custody within the county. The Sheriff's Office is responsible for jail administration and inmate custody, and members of the public may contact the office directly to inquire about current custody status or recent bookings. The West Virginia Regional Jail Authority also publishes daily incarceration data for individuals held at regional facilities, which is updated on a regular basis and includes name, facility, and charge information.
2. Local Police Departments
The City of Keyser Police Department serves as the primary municipal law enforcement agency within Mineral County. Arrest logs and press releases containing arrest information may be available through the department's public records process. Members of the public may submit a written request for arrest information to the Keyser Police Department at 111 N. Davis St., Keyser, WV 26726, or by calling (304) 788-1511.
3. County Clerk of Court Case Search
Arrest records are frequently linked to court cases filed in Mineral County. The West Virginia Judiciary provides a centralized court record access portal that allows members of the public to search circuit court cases by name. Additionally, the Magistrate Record Search tool enables searches of magistrate court filings, which include misdemeanor and lower-level criminal matters. Searching by an individual's name may return associated criminal case filings, charge information, and case disposition.
4. State Law Enforcement Database
The West Virginia Division of Corrections and Rehabilitation maintains an offender search tool that allows the public to search for individuals currently incarcerated in state prison facilities, as well as escapees and absconders. This resource is distinct from county-level arrest records and reflects individuals serving sentences following conviction rather than those recently arrested and awaiting court proceedings.
In-Person Access:
Sheriff's Office:
Mineral County Sheriff's Office
150 Armstrong Street
Keyser, WV 26726
Phone: (304) 788-3581
Mineral County Sheriff's Office
Members of the public visiting in person should bring a valid government-issued photo identification and, where possible, the full legal name of the subject, approximate date of arrest, and booking number. Standard office hours are Monday through Friday, 8:00 a.m. to 4:00 p.m. Fees for copies of records are assessed at the time of the request.
Police Departments:
Keyser Police Department
111 N. Davis Street
Keyser, WV 26726
Phone: (304) 788-1511
Members of the public requesting records from the Keyser Police Department should submit a written request identifying the subject by full legal name and approximate date of arrest. Copy fees apply per page as established by department policy.
Clerk of Court:
Mineral County Circuit Clerk
2 Courthouse Square
Keyser, WV 26726
Phone: (304) 788-3924
The Circuit Clerk's office maintains criminal case files for felony and serious misdemeanor matters. Office hours are Monday through Friday, 8:30 a.m. to 4:30 p.m. Members of the public may inspect case files at the public access terminal located in the clerk's office. Copy fees are assessed at $0.50 per page for standard copies and $1.00 per page for certified copies, consistent with West Virginia court fee schedules.
Mineral County Magistrate Court
2 Courthouse Square
Keyser, WV 26726
Phone: (304) 788-3924
By Mail:
Written requests submitted by mail to the Mineral County Sheriff's Office should include the arrestee's full legal name, date of birth, approximate date of arrest, booking number if known, and the requestor's full contact information. Payment for copies should be included with the request. Processing time for mailed requests is typically two to four weeks depending on volume and record availability.
By Phone:
Members of the public may call the Mineral County Sheriff's Office at (304) 788-3581 to inquire about current custody status. Callers should have the subject's full legal name, date of birth, and approximate arrest date available. Detailed record information is not provided by phone and requestors may be directed to submit a written request or visit in person.
Through Legal Channels:
Attorneys of record may request arrest records and associated investigative materials through formal discovery in criminal proceedings. Subpoenas may be issued for records not otherwise available through public access channels. Detailed police reports, witness statements, and investigative files are accessible through legal proceedings even when 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)
- Location of arrest and arresting jurisdiction
Are Arrest Records Public in Mineral County
Arrest records in Mineral County are public records under West Virginia law. Pursuant to W. Va. Code § 29B-1-1 et seq., the West Virginia Freedom of Information Act (FOIA), all public records maintained by government agencies are presumptively open to inspection by members of the public unless a specific statutory exemption applies. Arrest records fall within this framework because they document official government action taken by law enforcement officers acting in their public capacity.
The public interest in access to arrest records is grounded in government transparency, public safety awareness, community notification, journalistic investigation, background screening, and the administration of legal proceedings. As the West Virginia Supreme Court of Appeals has recognized, the Freedom of Information Act "is to be liberally construed" in favor of disclosure, with the burden resting on the agency to demonstrate that a specific exemption applies.
What Arrest Information Is Public:
- Arrestee name and known aliases
- Date and time of arrest
- Location of arrest
- Arresting agency and jurisdiction
- Charges filed at the time of arrest
- Booking number
- Mugshot/booking photograph
- Bond and bail information
- Current custody status
- Basic demographic information including age and physical description
Limitations on Public Access:
- Juvenile arrest records are restricted or sealed under West Virginia law
- Expunged arrest records are removed from public access following a court order
- Sealed records are subject to court-ordered confidentiality
- Information related to active investigations may be withheld
- Undercover officer identities are protected
- Confidential informant information is exempt from disclosure
- Victim identifying information may be restricted in certain offense categories
- Witness protection participants are not identified in public records
Constitutional and Legal Basis:
The West Virginia Constitution, Article III, Section 17, guarantees open courts and public access to judicial proceedings. The First Amendment to the United States Constitution supports press and public access to arrest information as a matter of democratic accountability. Due process considerations require that arrest records accurately reflect the status of proceedings, including dismissals and acquittals, to prevent undue prejudice to individuals whose charges were not pursued.
Who Can Access Arrest Records:
- Members of the general public
- Media organizations and journalists
- Employers, subject to restrictions under the federal Fair Credit Reporting Act
- Landlords, subject to applicable housing discrimination laws
- Professional licensing agencies
- Background check companies operating under FCRA compliance
- 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 made through consumer reporting agencies. Employers using third-party background check services must comply with FCRA adverse action procedures. 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 reflects a law enforcement action and does not constitute proof of guilt.
What's in Mineral County Arrest Records
Personal Identification Information:
- Full legal name and any aliases or "also known as" names
- Date of birth and age at time of arrest
- Sex and gender
- Race and ethnicity
- Height and weight
- Eye color and hair color
- Identifying marks including scars and tattoos
- Address at time of arrest (may be partially redacted)
Arrest Details:
- Arrest date and time
- Location of arrest by street address or general area
- Arresting agency (Sheriff's Office, Keyser Police Department, West Virginia State Police, or other)
- Arresting officer name and badge number (in some records)
- Booking date and time
- Booking number or arrest number
- Warrant information if the arrest was warrant-based
Charges Information:
- Specific criminal charges as filed
- West Virginia statute numbers violated
- Charge descriptions and classifications
- Felony degree or misdemeanor class
- Number of counts for each charge
- Domestic violence designation where applicable
- Gang-related designation where applicable
Booking Information:
- Booking facility name and location
- Intake process timestamp
- Booking photograph (mugshot)
- Fingerprints are collected during booking but are not included in public-facing records
- Personal property inventory
Custody and Bond Information:
- Current custody status (in custody, released, or bonded out)
- Bond amount as set by the court or magistrate
- Bond type, which may include cash bond, surety bond, personal recognizance release, or no bond
- Release date and time if the individual has been released
- Release conditions where publicly available
Court Information:
- Court case number assigned following arrest
- Court jurisdiction (Magistrate Court or Circuit Court)
- Scheduled arraignment or initial appearance date
- Court location
- Judge or magistrate assignment where available
Prior Arrest History:
Prior arrests within Mineral County may appear in booking records, including previous booking numbers and historical charge information. This information is not always included in a current arrest record and may require a separate records request.
What's Typically NOT in Public Arrest Records:
- Detailed narrative of the arrest from the police report
- Witness statements
- Victim identifying information
- Evidence collected during the investigation
- Investigative techniques and methods
- Medical or mental health information
- Substance abuse screening results
- Social Security number (redacted by law)
- Bank account or financial information
Difference Between Arrest Records and Related Documents:
- Police reports contain detailed incident narratives and investigative information not available in booking records
- Court records document legal proceedings that occur after the arrest, including hearings, motions, and dispositions
- Criminal records reflect convictions and sentences imposed following adjudication
- Background checks are comprehensive screenings that draw from multiple sources including court records, state repositories, and federal databases
How Much Does It Cost to Get Arrest Records in Mineral County?
The cost to obtain arrest records in Mineral County varies by agency and record type. Under W. Va. Code § 29B-1-3, agencies may charge reasonable fees for the actual cost of reproducing public records but may not charge fees that function as a barrier to access.
| Record Type | Fee |
|---|---|
| Standard paper copies (Sheriff's Office) | $0.25–$0.50 per page |
| Certified court copies (Circuit Clerk) | $1.00 per page |
| Standard court copies (Circuit Clerk) | $0.50 per page |
| Online court record search | No charge |
| Booking record inspection (in person) | No charge |
| Mugshot copies | Varies by agency |
Members of the public may inspect records in person at no charge. Fees apply only when copies are requested. Accepted payment methods at the Mineral County Sheriff's Office and Circuit Clerk's office include cash, money order, and personal check made payable to the respective agency. Credit card acceptance varies by office.
Online searches through the West Virginia Judiciary's court record access portal are available at no charge. The WV Regional Jail Authority's daily incarceration search is also available to the public at no cost.
Fee waiver provisions under West Virginia FOIA allow agencies to reduce or waive fees when disclosure is in the public interest and the requester demonstrates an inability to pay. Indigent requesters and nonprofit organizations engaged in public interest research may submit a written fee waiver request with their records request.
How To Delete Arrest Records in Mineral County
West Virginia law provides two primary mechanisms for removing or restricting 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. The distinction is significant: expungement under W. Va. Code § 61-11-25 results in the legal erasure of qualifying records, while sealing limits access without destroying the underlying documentation.
Eligibility for Expungement in West Virginia:
- Arrests that did not result in charges being filed
- Charges that were dismissed or nolle prossed
- Acquittals following trial
- First-offense misdemeanor convictions after a waiting period
- Certain nonviolent felony convictions after a waiting period, subject to statutory eligibility criteria
- Participation in and successful completion of a diversion program
Individuals convicted of violent offenses, sexual offenses, offenses against children, or DUI are not eligible for expungement under current West Virginia law.
Steps to Petition for Expungement:
- Obtain a copy of the arrest record and associated court case from the Mineral County Circuit Clerk
- Confirm eligibility under W. Va. Code § 61-11-25 based on the offense type and disposition
- Complete the petition for expungement form available from the Circuit Clerk's office
- File the petition in the Mineral County Circuit Court and pay the applicable filing fee
- Serve the petition on the prosecuting attorney's office
- Attend the scheduled hearing if the prosecutor objects
- If the court grants the petition, the order is forwarded to the arresting agency, the Circuit Clerk, and the West Virginia State Police for record destruction or sealing
Mineral County Circuit Court
2 Courthouse Square
Keyser, WV 26726
Phone: (304) 788-3924
Mineral County Prosecuting Attorney's Office
2 Courthouse Square
Keyser, WV 26726
Phone: (304) 788-3731
Following a granted expungement, the West Virginia State Police Criminal Identification Bureau updates the state criminal history repository. Third-party commercial databases are not legally required to remove expunged records, and individuals may need to contact those services separately to request removal.
What Happens After Arrest in Mineral County?
Immediate Post-Arrest Process:
1. Transport to Jail
Individuals arrested in Mineral County are transported to the Eastern Regional Jail, which serves as the primary detention facility for the county. The facility is located at 200 Penitentiary Road, Martinsburg, WV 25401. Transport time varies based on the location of the arrest and officer availability.
2. Booking Process
Upon arrival at the booking facility, the arrested individual undergoes a standard intake process that typically takes one to four hours depending on facility volume. The booking process includes recording personal information, photographing the individual, collecting fingerprints, conducting a criminal history and outstanding warrants check, inventorying personal property, issuing jail clothing, and completing medical and mental health screenings. The booking record generated during this process becomes the primary source document for the arrest record.
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 magistrate formally advises the individual of the charges, determines bond, and appoints counsel if the individual is indigent and cannot afford an attorney. Hearings may be conducted via video conference from the jail facility.
Bond/Bail Process:
Cash Bond: The full bond amount must be paid in cash to the court. The amount is refunded at the conclusion of the case, minus applicable fees, provided the defendant appears at all required court dates.
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 a monetary requirement. Eligibility is based on community ties, employment status, criminal history, the nature of the charges, and assessed flight risk.
No Bond: The magistrate or circuit judge may order that no bond be set 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 released individual receives written conditions of release, a court date, and a return of personal property. Failure to appear results in bond forfeiture and issuance of a bench warrant. Individuals who do not post bond remain in custody, receive a housing assignment, and are oriented to jail rules and procedures.
Accessing Legal Representation:
Mineral County Public Defender's Office
2 Courthouse Square
Keyser, WV 26726
Phone: (304) 788-5300
Eligibility for a public defender is based on financial need as assessed at the initial appearance. Individuals who retain private counsel may arrange confidential attorney visits at the jail facility. The West Virginia State Bar provides attorney referral services for individuals seeking private representation.
Charging Decision:
The Mineral County Prosecuting Attorney's Office reviews the arrest and determines whether to file formal charges, request additional investigation, decline prosecution, or file different charges. This review occurs within days to weeks of the arrest. For felony offenses, a grand jury may be convened to determine whether probable cause exists to proceed with an indictment.
Arraignment:
At arraignment, the defendant is formally advised of the charges and enters a plea of not guilty, guilty, or no contest. The majority of defendants enter a not guilty plea at arraignment, preserving the right to negotiate or proceed to trial. Court dates for pretrial hearings and trial are set at this stage.
Court Process Overview:
The pretrial phase includes discovery, pretrial motions, pretrial conferences, and plea negotiations. Case resolution may occur through dismissal, diversion program completion, a negotiated plea agreement, or trial. If convicted, the defendant proceeds to a sentencing hearing at which the judge may impose incarceration, probation, fines, restitution, community service, treatment requirements, or a combination of these sanctions.
Timeline Overview:
- Arrest to first appearance: 24 to 72 hours
- First appearance to arraignment: days to several weeks
- Arraignment to trial or resolution: several months, varying widely by case complexity
- Misdemeanor cases: resolved within weeks to a few months in most instances
- Felony cases: resolved within six months to over one year depending on complexity
- The right to a speedy trial is guaranteed under the Sixth Amendment to the United States Constitution and Article III, Section 14 of the West Virginia Constitution
Important Contacts:
Eastern Regional Jail
200 Penitentiary Road
Martinsburg, WV 25401
Phone: (304) 267-0005
Mineral County Circuit Clerk
2 Courthouse Square
Keyser, WV 26726
Phone: (304) 788-3924
Mineral County Prosecuting Attorney's Office
2 Courthouse Square
Keyser, WV 26726
Phone: (304) 788-3731
Mineral County Public Defender's Office
2 Courthouse Square
Keyser, WV 26726
Phone: (304) 788-5300
What to Do If You're Arrested:
- Remain calm and cooperative with law enforcement officers
- Do not physically resist arrest under any circumstances
- Politely invoke the right to remain silent
- Request an attorney immediately and do not answer questions until counsel is present
- Do not discuss the case with other inmates, family members, or anyone other than your attorney
- Contact family or friends who may assist with bail
- Appear at all scheduled court dates without exception
- Comply with all conditions of release as ordered by the court
How Long Are Arrest Records Kept in Mineral County?
Records Retention Overview:
Retention of arrest records in West Virginia is governed by state law, the West Virginia Archives and History Division records retention schedules, and individual agency policies. Under West Virginia administrative rules, law enforcement agencies are required to maintain records in accordance with approved retention schedules, and unauthorized destruction of public records is prohibited.
Arrest Records Retention by Type:
Felony Convictions: Records of felony convictions are retained permanently by the arresting agency, the Circuit Clerk, the West Virginia State Police Criminal Identification Bureau, and the FBI's National Crime Information Center (NCIC). These records are part of the individual's permanent criminal history and appear on background checks indefinitely.
Misdemeanor Convictions: Misdemeanor conviction records are retained permanently at the state repository level. Local law enforcement agencies retain booking records for a minimum of five years, though many agencies retain records for longer periods or permanently in digital format.
Dismissed Charges: Records of arrests that resulted in dismissed charges may remain in local law enforcement databases and the state repository unless the individual obtains an expungement order. Court records of dismissed cases are retained permanently by the Circuit Clerk and Magistrate Court.
Acquittals: Records of arrests resulting in acquittal at trial are retained by local agencies and the state repository unless expunged. Court records of acquittals are maintained permanently.
Charges Not Filed: Booking records for arrests where no charges were filed are retained by the Sheriff's Office for a minimum of five years. These arrests are among the most eligible for expungement under current West Virginia law.
Digital vs. Physical Records:
Digital records maintained in records management systems and court electronic filing systems are retained indefinitely in most instances. Physical booking paperwork, fingerprint cards, and photographs are retained according to the applicable retention schedule, which ranges from five years for minor matters to permanent retention for serious offenses. Computer-aided dispatch (CAD) records are retained for a minimum of three years.
Third-Party Databases:
Commercial background check companies and mugshot aggregation websites may retain arrest records indefinitely and are not subject to the same retention and expungement obligations as government agencies. The FCRA requires that consumer reporting agencies maintain accurate records, but it does not mandate removal of records that have not been expunged. Individuals whose records have been expunged may need to contact third-party services directly to request removal.
Retention by Agency:
Mineral County Sheriff's Office: Booking records and arrest reports are retained for a minimum of five years for minor offenses and permanently for felony matters. The office may be contacted at (304) 788-3581 for inquiries about specific record retention.
Keyser Police Department: Arrest records and incident reports are retained according to the West Virginia law enforcement records retention schedule, with felony-related records retained permanently and misdemeanor records retained for a minimum of five years.
Mineral County Circuit Clerk: Felony case files are retained permanently. Misdemeanor case files are retained for a minimum of ten years. Electronic records are retained permanently.
West Virginia State Police Criminal Identification Bureau: The state repository maintains arrest and conviction records from all jurisdictions in West Virginia. The repository is updated when expungement orders are received and processed.
FBI Database: The NCIC and Interstate Identification Index (III) maintain federal-level records that are accessible to law enforcement agencies nationwide. Federal retention is permanent for most offense categories. These records are used in employment background checks for positions requiring federal security clearances and firearms purchases.
Effect of Disposition on Retention:
A conviction results in permanent retention across all databases. A dismissal may remain in databases unless expunged, though dismissed charges are not reported as convictions on standard background checks. An expungement order directs the destruction or sealing of local records and triggers an update to the state repository, but does not guarantee removal from all third-party commercial databases. Cases where no charges were filed have the shortest standard retention period and the broadest eligibility for expungement.
Impact on Background Checks:
Under the FCRA, most employment background checks conducted by consumer reporting agencies are limited to seven years of non-conviction records for positions paying under a certain salary threshold. Convictions may be reported indefinitely. West Virginia does not currently impose additional restrictions on the reporting period beyond federal FCRA requirements. Arrests without conviction may not be used as the sole basis for adverse employment decisions in certain regulated industries.
How to Check Retention Status:
Members of the public may contact the Mineral County Sheriff's Records Division at (304) 788-3581 to inquire about the retention status of a specific arrest record. A written public records request submitted under the West Virginia Freedom of Information Act may be required, and applicable copy fees may apply.