In a two-page response on Dec. 7, Berkeley County Schools Assistant Superintendent Justin Schooley cited two exemptions to the state's public records law … The West Virginia Freedom of Information Act states that “every person” can have access to West Virginia public records. Charleston, WV 25301. The mission of this website is provide all West Virginia citizens with the right to obtain, preview, and examine public records. (2) In any suit filed under subsection one of this section, the court has jurisdiction to enjoin the custodian or public body from withholding records and to order the production of any records improperly withheld from the person seeking disclosure. The custodian of the records may make reasonable rules and regulations necessary for the protection of the records and to prevent interference with the regular discharge of his or her duties. Links |
County Selection. West Virginia Freedom of Information Law doesn’t mess around, as best summed up in the second sentence of its statute: “The people, in delegating authority, do not give their public … Common Law, Statutes, Legal Holidays, Definitions, and Legal Capacity Chapter 3. If the request is difficult, the government has to notify you about the delay, and you are allowed to appeal the delay if they do not provide you with the information you need. (a) Beginning January 1, 2016, each public body that is in receipt of a freedom of information request shall provide information to the Secretary of State relating to, at a minimum, the nature of the request, the nature of the public body's response, the time-frame that was necessary to comply in full with the request; and the amount of reimbursement charged to the requester for the freedom of information request: Provided, That the public body shall not provide to the Secretary of State the public records that were the subject of the FOIA request. State sunshine laws are the laws in each state that govern public access to governmental records. The Secretary of State shall provide on the website a form for use by a public body to report the results of the freedom of information request, providing the nature of the request and the public body's response thereto, whether the request was granted, and if not, the exemption asserted under section four of this article to deny the request. (1) Any person denied the right to inspect the public record of a public body may institute proceedings for injunctive or declaratory relief in the circuit court in the county where the public record is kept. West Virginia Public Records. WV.gov is the official Web site for the State of West Virginia and is the result of an innovative public-private partnership between the state and West Virginia Interactive. §29B-1-3. Court Records are records filed by the court of law. A public body may not charge a search or retrieval fee or otherwise seek reimbursement based on a man-hour basis as part of costs associated with making reproduction of records. (2) “Law-enforcement officer” shall have the same definition as this term is defined in W.Va. Code §30-29-1: Provided, That for purposes of this article, “law-enforcement officer” shall additionally include those individuals defined as “chief executive” in W.Va. Code §30-29-1. §29B-1-6. When the state of West Virginia was established in 1863, its original local records were retained in the counties. These records can be Criminal proceedings, divorce, marital disputes, civil actions, and more records. The legislature falls under the definition of public body found at West Virginia Code, 29B-1-2 and is subject to the West Virginia Freedom of Information Act. 2007). The West Virginia Judiciary makes available searchable online databases of WV Supreme Court Opinions and Public Service Commission of West Virginia Web Dockets, but does not provide a convenient method of remotely accessing criminal case courts records to the general public. (4) Retaliate against a branch or level of government for a policy or conduct of the government. West Virginia: No provision. As used in this paragraph, “personal information” means a law-enforcement officer’s social security number, health information, home address, personal address, personal telephone numbers, and personal email addresses and those of his or her spouse, parents, and children as well as the names of the law-enforcement officer’s spouse, parents, and children; and. © 2021 WV Board of Accountancy. §222; (19) Records of the Division of Corrections, Regional Jail and Correctional Facility Authority and the Division of Juvenile Services relating to design of corrections, jail and detention facilities owned or operated by the agency, and the policy directives and operational procedures of personnel relating to the safe and secure management of inmates or residents, that if released, could be used by an inmate or resident to escape a facility, or to cause injury to another inmate, resident, or to facility personnel; (20) Information related to applications under §61-7-4 of this code, including applications, supporting documents, permits, renewals, or any other information that would identify an applicant for or holder of a concealed weapon permit: Provided, That information in the aggregate that does not identify any permit holder other than by county or municipality is not exempted: Provided, however, That information or other records exempted under this subdivision may be disclosed to a law-enforcement agency or officer: (i) To determine the validity of a permit, (ii) to assist in a criminal investigation or prosecution, or (iii) for other lawful law-enforcement purposes; (21) Personal information of law-enforcement officers maintained by the public body in the ordinary course of the employer-employee relationship. WVPB is Telling West Virginia's Story. (d) All requests for information must state with reasonable specificity the information sought. (a) There is a presumption of public accessibility to all public records, subject only to the following categories of information which are specifically exempt from disclosure under this article: (1) Trade secrets, as used in this section, which may include, but are not limited to, any formula, plan pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article or trade or a service or to locate minerals or other substances, having commercial value, and which gives its users an opportunity to obtain business advantage over competitors; (2) Information of a personal nature such as that kept in a personal, medical, or similar file, if the public disclosure of the information would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in this particular instance: Provided, That this article does not preclude an individual from inspecting or copying his or her own personal, medical, or similar file; (3) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination; (4) (A) Records of law-enforcement agencies that deal with the detection and investigation of crime and the internal records and notations of such law-enforcement agencies which are maintained for internal use in matters relating to law enforcement; (B) Records identifying motor vehicles used, and the agencies using them, for undercover investigation activities conducted by state law-enforcement agencies or other agencies that are authorized by this code to use undercover or unmarked vehicles; (5) Information specifically exempted from disclosure by statute; (6) Records, archives, documents, or manuscripts describing the location of undeveloped historic, prehistoric, archaeological, paleontological, and battlefield sites or constituting gifts to any public body upon which the donor has attached restrictions on usage or the handling of which could irreparably damage the record, archive, document, or manuscript; (7) Information contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions, except those reports which are by law required to be published in newspapers; (8) Internal memoranda or letters received or prepared by any public body; (9) Records assembled, prepared, or maintained to prevent, mitigate, or respond to terrorist acts or the threat of terrorist acts, the public disclosure of which threaten the public safety or the public health; (10) Those portions of records containing specific or unique vulnerability assessments or specific or unique response plans, data, databases and inventories of goods or materials collected or assembled to respond to terrorist acts; and communication codes or deployment plans of law-enforcement or emergency response personnel; (11) Specific intelligence information and specific investigative records dealing with terrorist acts or the threat of a terrorist act shared by and between federal and international law-enforcement agencies, state and local law-enforcement, and other agencies within the Department of Military Affairs and Public Safety; (12) National security records classified under federal executive order and not subject to public disclosure under federal law that are shared by federal agencies and other records related to national security briefings to assist state and local government with domestic preparedness for acts of terrorism; (13) Computing, telecommunications, and network security records, passwords, security codes, or programs used to respond to or plan against acts of terrorism which may be the subject of a terrorist act; (14) Security or disaster recovery plans, risk assessments, tests, or the results of those tests; (15) Architectural or infrastructure designs, maps, or other records that show the location or layout of the facilities where computing, telecommunications, or network infrastructure used to plan against or respond to terrorism are located or planned to be located; (16) Codes for facility security systems; or codes for secure applications for facilities referred to in subdivision (15) of this subsection; (17) Specific engineering plans and descriptions of existing public utility plants and equipment; (18) Customer proprietary network information of other telecommunications carriers, equipment manufacturers and individual customers, consistent with 47 U.S.C. West Virginia Newspapers West Virginia Libraries American Law Sources Online - West Virginia Court Decisions and information, Constitution, Legislation, Rules of Practice and Procedure, Administrative Law Sources, Municipal Codes, legal publications, and forms. Explore the entire West Virginia Court System, and the Supreme Court of Appeals of West Virginia. Any citizen of Virginia may request public records, however Virginia does limit the right of incarcerated felons to request any records whatsoever. (3) Except as to causes the court considers of greater importance, proceedings arising under subsection one of this section shall be assigned for hearing and trial at the earliest practicable date. Vol. (c) The provisions of subdivisions (9) through (16), inclusive, subsection (a) of this section do not make subject to the provisions of this chapter any evidence of an immediate threat to public health or safety unrelated to a terrorist act or the threat of a terrorist act which comes to the attention of a public entity in the course of conducting a vulnerability assessment response or similar activity. Privacy, Public Records and Freedom of Information Act (FOIA), Application for Transfer of Exam Credit Toward Certification, Resume- Application for Transfer of Exam Credit Toward Certification, Application for CPA Initial Certificate/License, Initial Registration to Perform Attest/Comp Services as an Individual Practitioner, Application for Activation of CPA License, Application for Reciprocal Certificate CPA Substantially Equivalent State or Jurisdiction, Resume- Application for Reciprocal Certificate CPA Substantially Equivalent State or Jurisdiction, Application for Reciprocal CPA Certificate - Non-Substantially Equivalent Jurisdiction, Resume- Application for Reciprocal CPA Certificate - Non-Substantially Equivalent Jurisdiction, Application for Reinstatement of Certificate/License: Login, Not Substantially Equivalent Jurisdiction, Change of Firm Name or Structure Overview, Change of Firm Name-Contact Information-or Firm Structure, In-State AC/PLLC/Firm Permit /Authorization for Attest/Compilation Services Application, Resume- In-State AC/PLLC/Firm Permit /Authorization for Attest/Compilation Services Application, Out-of-State Firm Permit and Authorization Application, Resume- Out-of-State Firm Permit and Authorization Application, Annual Renewal of In-State Firm Permit and Authorization, Annual Renewal of Out-of-State Firm Permit and Authorization, Firm Permit Renewal Form (With No Attest/Compilation Authorization), Revocations / Suspensions / Voluntarily Surrendered, Notice of Public Comment Period on Proposed Rules, The West Virginia Freedom of Information Act, Announcing the Board of Accountancy's New Executive Director, WV Board of Accountancy Seeks Executive Director, NASBA, AICPA and Prometric to Begin Year-Round Testing for U.S. CPA Exam on July 1, 2020, Continued Closure of CPA Exam Testing Centers, COVID-19, License Renewals, and CPE Extensions, Requests to Provide a Verification of License or Exam Scores, NASBA, AICPA, Prometric Invoke Emergency Testing Period, Licensure Update Re: Identogo fingerprinting services, Board Staff Working Via a Remote Connection from Their Homes, The Board of Accountancy's Response to COVID-19, The WV Board of Accountancy Has a New Email Address, Notice of Public Comment on a Proposed Rule, Governor Justice appoints new Board member, Two West Virginia Exam Candidates Win the Elijah Watt Sells Award, Changes to Scheduling an Appointment for Criminal History Record Check, Governor Justice Appoints Two New Board Members, Jo Ann Walker, Former Executive Director, Passes Away, TIPS and TRICKS for Entering CPE Hours in the New Online Form, Meeting Agenda and Minutes Published on Website, Important Changes to Academic Requirement for the CPA Examination, Notice of a Comment Period on a Proposed Rule, Capability to Print License to Practice Now Available, ATTENTION ALL CURRENT AND POTENTIAL CANDIDATES FOR THE CPA EXAMINATION, Criminal History Record Check Soon to Be Required for Initial Certification in West Virginia, Board Now Requires CPE hours to Reinstate or Activate a License. West Virginia Public Records Exceptions to publicly available information include trade secrets, information of a personal nature, test questions & scoring keys, investigation files, records relating to undeveloped archaeological sites, and emergency scenario plans & security measures. Anytime a person has business that goes through a West Virginia court, that information is recorded for public use. Free Search Floodplain Management The people insist on remaining informed so that they may retain control over the instruments of government they have created. The court, on its own motion, may view the documents in controversy in camera before reaching a decision. Search through the Public Resources, Supreme Court, Lower Courts, Legal Community, and Court Administration sections for court related information. Contact Us |
According to a document entitled The West Virginia Freedom of Information Act, published by the West Virginia Attorney General's Office: "The State statute on public records, known as the Freedom of Information Act, was enacted for the express purpose of providing full and complete information to all persons about the workings of government and the acts of those who represent them as public … Its provisions must be liberally construed to carry out that purpose. This ensures that West Virginians are given access to such information, which is in accordance with the West Virginia Freedom of Information Act. Find out all court information related to a … Many Public Records are available at local County Clerks, Recorders, and Assessors Offices. Under West Virginia Code 15-2-24 (d) The Criminal Identification Bureau may furnish, with approval of the Superintendent, fingerprints, photographs, records or other information to any private or public agency, person, firm association, corporation or other organization, other than a law enforcement or governmental agency as to which provisions of subsection (c) of this section shall govern and control, … Any custodian of any public records who willfully violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $200 nor more than $1,000, or be imprisoned in the county jail for not more than twenty days, or, in the discretion of the court, by both fine and imprisonment. You can check these court records on the West Virginia State Library where an extensive collection of Court proceedings are Archive and accessible. 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. The custodian, upon demand for records made under this statute, shall as soon as is practicable but within a maximum of five days not including Saturdays, Sundays or legal holidays: (1) Furnish copies of the requested information; (2) Advise the person making the request of the time and place at which he or she may inspect and copy the materials; or. A “public record” under the West Virginia Freedom of Information Act (FOIA) is defined as “includ[ing] any writing containing information relating to the conduct of the public’s business, prepared, owned and retained by a public body.” W. Va. Code § 29B-1-2(4) (1977) (Repl. If the records requested exist in magnetic, electronic or computer form, the custodian of the records shall make copies available on magnetic or electronic media, if so requested. ... officials of any public agency to the extent that disclosure would violate their right to privacy are exempt from public disclosure and copying. The database shall be made available to the public via the Internet and shall list each freedom of information request received and the outcome of the request. West Virginia Legislature's Office of Reference & Information. West Virginia Public Records are any documents that are available for public inspection and retrieval in WV. West Virginia takes data privacy of educational records seriously. Any custodian of any public records shall, at the expiration of his term of office, appointment or employment, deliver to his successor, or, if there be none, to The Library of Virginia, all books, writings, letters, documents, public records, or other information, recorded on any medium kept or received by him in the transaction of his official business; and any such person who shall refuse or … The Act is covered in the West Virginia Code under Chapter 29B. West Virginia Government records cover a broad range of genealogy subject areas that can help you as part of your research, such as land ownership, courts, taxes, and naturalization’s. The State statute on public records, known as the Freedom of Information Act, was enacted for the express purpose of providing full and complete information to all persons about the workings of government and the acts of those who represent them as public officials and employees, so that the people may be informed and retain control. Find out all court information related to selected county by clicking the map or click any of the text links below the map. (1) Any person denied the right to inspect the public record of a public body may institute proceedings for injunctive or declaratory relief in the circuit court in the county where the public record is kept. Given that West Virginia court records cover such a wide selection of topics, they could aid you in many different ways. (a) Every person has a right to inspect or copy any public record of a public body in this state, except as otherwise expressly provided by section four of this article. ." One of the broadest public records law, covering executive, judicial, and the legislature. Most everything that goes through the court system in West Virginia is considered a public court record, and it?s available for anyone who has the desire to search for it on a local or state level. 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