Berkeley County Court Records Search
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Berkeley County is the second-most populated county in West Virginia, with its county seat in Martinsburg. The county’s court system processes a high volume of criminal, civil, family, and probate matters each year, generating records that individuals may need to access for legal proceedings, background research, property transactions, or personal purposes. Berkeley County falls within the Twenty-Seventh Judicial Circuit (shared with Morgan County) and the Twenty-Fourth Family Court Circuit (shared with Jefferson County). All major court operations are centralized at the Berkeley County Judicial Center on West South Street, while the County Clerk handles vital records, property filings, and probate from the Administration Building on West Stephen Street.
For anyone seeking court case information in West Virginia, records can be located through official clerk offices, public-access computer terminals at the courthouse, and statewide online search tools maintained by the judiciary. WestVirginiaCourts.us may assist users in identifying the appropriate court and available resources for a given case type. The West Virginia Judiciary also operates dedicated search portals for both circuit and magistrate court records that cover all fifty-five counties.
How to Look Up a Court Case in Berkeley County?
Berkeley County maintains four levels of courts. The Circuit Court and Family Court share a clerk (the Circuit Clerk), while the Magistrate Court has its own clerk. Municipal courts operate independently under the authority of their respective municipalities.
Berkeley County Circuit Court
Address: 380 West South Street, Suite 3411, Martinsburg, WV 25401
Circuit Clerk: (304) 264-1918
Fax: (304) 262-3139
Berkeley County Magistrate Court
Address: 380 West South Street, Martinsburg, WV 25401
Magistrate Clerk: (304) 264-1957
Fax: (304) 267-1373
Berkeley County Family Court
Address: 380 West South Street, Suite 2400, Martinsburg, WV 25401
Clerk (via Circuit Clerk): (304) 264-1918
Martinsburg Municipal Court
Address: 232 North Queen Street, Martinsburg, WV 25401
Phone: (304) 264-2103
Hedgesville Municipal Court
Address: 105 Potato Hill Street, P.O. Box 45, Hedgesville, WV 25427
Phone: (304) 754-4827
The Circuit Clerk’s office, under Michelle R. Schoppert, serves as clerk to both the Circuit Court and the Family Court and is the primary custodian of records for civil actions, criminal felonies, domestic relations cases, juvenile proceedings, custody, child support, divorce, domestic violence, name changes, guardianships, and mental hygiene matters.
Online Search Methods
- WVPASS (Circuit Court records): The West Virginia Public Access Search System provides online access to publicly available circuit court documents from all fifty-five counties, dating back to cases filed from July 1, 1999 onward. Users can search by party name, case number, or other filters. Browsing case details is free; viewing or downloading actual documents costs $0.25 per page. An account with two-factor authentication is required. Downloaded documents are not certified copies.
- Magistrate Court Record Search: The magistrate case record search allows free lookups by name or case number, returning up to 30 records per search. Court documents themselves are not available online through this system — users must contact the magistrate clerk to obtain copies.
- In-person terminals: Public records on file with the Berkeley County Circuit Clerk’s Office are available to view on computer terminals at no charge during regular office hours (Monday–Friday, 8:00 a.m.–5:00 p.m.). Photocopies of public records are subject to fees.
Requesting Records by Mail
Written requests should be directed to the appropriate clerk’s office and include the case number or party names, the type of record sought, and a check or money order for applicable copy fees. Send Circuit and Family Court requests to:
Circuit Clerk’s Office
380 West South Street, Suite 2200
Martinsburg, WV 25401
All payments must be made in cash, money order, or by Visa, Mastercard, or Discover. Photo ID is required with credit card payments.
Are Court Records Public in Berkeley County?
West Virginia’s Freedom of Information Act (W.Va. Code §29B-1-1 et seq.) establishes a presumption of public accessibility for all public records. Under §29B-1-3, any person has the right to inspect or copy public records during normal business hours. The exemptions listed in §29B-1-4 identify the categories of information that may be withheld.
For court-specific records, the following restrictions apply in Berkeley County:
- Personal identifiers such as Social Security numbers, dates of birth, and financial account numbers are redacted from publicly accessible filings.
- Juvenile cases are confidential. Information about juvenile proceedings may be available only through the Office of the Prosecuting Attorney.
- Domestic violence protective order files may contain restricted information, though the orders themselves can be public.
- Sealed and expunged records are not accessible to the general public.
- Mental hygiene proceedings carry confidentiality protections.
- Divorce case information is available in person at the Circuit Clerk’s office upon presentation of photo ID for parties in the case. Individuals who cannot visit in person must provide a notarized letter of authorization along with a notarized copy of their photo ID. All court orders in divorce cases are public knowledge.
Document Copy Fees (Circuit Clerk)
| Service | Fee |
|---|---|
| Photocopies | $1.00 per page |
| Facsimile transmissions | $2.00 per page (limit 20 pages) |
| Duplicate recording on CD | $5.00 per CD |
| Abstract of judgment | $5.00 |
| WVPASS document viewing/download | $0.25 per page |
Court forms for Circuit and Family Court proceedings are available at no cost from the West Virginia Supreme Court of Appeals website.
Berkeley County Criminal Court Records
Criminal jurisdiction in Berkeley County is divided among the Circuit Court, Magistrate Court, and Municipal Courts. The Circuit Court handles all felony prosecutions and certain serious misdemeanors, along with appeals from magistrate and municipal courts. Magistrate courts conduct preliminary examinations in felony cases, issue arrest and search warrants, set bail, and hear misdemeanor cases. The Martinsburg and Hedgesville Municipal Courts handle violations of municipal ordinances and traffic infractions.
Types of criminal records maintained by the courts:
- Charging documents and indictments
- Docket entries and hearing schedules
- Plea agreements and trial records
- Sentencing orders and judgments
- Probation records (limited access)
- Restitution payment records
How to search criminal case records:
- Circuit Court: Use the WVPASS portal to search by defendant name or case number. Public cases from 1999 forward are included. View documents for $0.25 per page or visit the courthouse to use free public terminals.
- Magistrate Court: Search the magistrate record search system for case information. Documents require an in-person or mail request to the magistrate clerk at (304) 264-1957.
- In person: Visit the Circuit Clerk’s office at 380 West South Street, Suite 2200, during business hours.
Criminal History Background Checks
Formal criminal history records in West Virginia are maintained by the Criminal Identification Bureau (CIB) of the West Virginia State Police, not by the courts. Background checks require fingerprinting through a CIB-approved provider, a government-issued photo ID, and payment of applicable fees. Employers and licensing agencies must obtain the subject’s written consent before requesting criminal records.
Berkeley County Sheriff’s Office
The Berkeley County Sheriff’s Office provides law enforcement services across the county’s 322 square miles.
Address: 510 South Raleigh Street, Martinsburg, WV 25401
Phone: (304) 267-7000
Fax: (304) 267-7118
The Sheriff’s Office maintains an inmate lookup for individuals held at the Berkeley County facility located at 380 West South Street, Suite 1100. Inmates may also be housed at the Eastern Regional Jail and Corrections Facility at 94 Grapevine Road, Martinsburg, WV 25405, reachable at (304) 267-0045.
Berkeley County Civil Court Records
The Berkeley County Circuit Court has jurisdiction over all civil cases at law where the amount in controversy exceeds $7,500, equity matters, habeas corpus, mandamus, prohibition, and certiorari proceedings. The Magistrate Court handles civil disputes involving $10,000 or less, including landlord-tenant cases, small claims, and replevin actions.
Circuit Court Civil Filing Fees
| Case Type | Fee |
|---|---|
| General civil / petition | $200.00 (plus $15.00 per additional defendant) |
| Medical professional liability action | $280.00 |
| Counterclaim, cross-claim, or third-party complaint | $200.00 |
| Guardianship / conservatorship | $110.00 |
| Removal from Magistrate Court | $200.00 |
| Appeal from Magistrate Court | $200.00 |
| Writ of execution | $25.00 (plus service fees) |
| Suggestion of personal property | $25.00 (plus service fees) |
Service fees add $30.00 for personal service by the sheriff or $20.00 for certified mail, restricted delivery.
How to obtain civil court records:
- Identify whether the case was filed in Circuit Court or Magistrate Court.
- Search online using WVPASS (Circuit) or the magistrate record search tool.
- Contact the appropriate clerk’s office with the case number or party names.
- Submit a written request or visit during office hours. Copies cost $1.00 per page.
The Berkeley County Electronic Record Search portal managed by the County Clerk provides access to deeds (1945–present), deeds of trust (1918–present), and liens and judgments (1998–present). This subscription-based system costs $15.00 per month and requires completion of an Online Users Agreement. Copy requests from this system must be made by calling the County Clerk’s office.
Berkeley County Family Court Records
Family law matters in Berkeley County are heard by the Family Court, which is part of the Twenty-Fourth Family Court Circuit and shares the Circuit Clerk as its clerk of court. The Family Court has jurisdiction over divorce, annulment, separate maintenance, paternity, child custody and allocation of parental responsibility, child support, grandparent visitation, name changes, infant guardianship, and family support proceedings (excluding child abuse and neglect, which remain with the Circuit Court).
Filing Fees (Family Court)
| Case Type | Fee |
|---|---|
| Divorce | $135.00 |
| Child support, minor guardianship, child custody | $200.00 |
| Modification | $85.00 |
| Expedited modification | $35.00 |
| Mandatory parent education class | $25.00 |
Service fees are the same as in civil cases: $30.00 for sheriff service or $20.00 for certified mail.
The West Virginia Judiciary provides a full library of family court forms and divorce forms for self-represented litigants. Key forms include the Petition for Divorce (SCA-FC-101), Financial Statement (SCA-FC-106), Parenting Plan (SCA-FC-121), and Petition for Modification (SCA-FC-201). The court cannot provide legal advice; individuals needing assistance may call Tuesday Legal Connect at (800) 642-3617.
Domestic Violence Protective Orders
Emergency domestic violence protective orders can be issued by magistrates. Longer-term protective orders are handled by the Family Court. Forms for petitions to modify or terminate protective orders, contempt proceedings, and firearms return requests are available from the judiciary’s court forms page.
Marriage and Divorce Records
Marriage licenses are issued by the Berkeley County Clerk’s office. The license fee is $56.00, reduced to $36.00 with proof of at least four hours of premarital counseling. Payment is accepted in cash, credit/debit card, or money order. Marriage records in Berkeley County date back to 1781.
Certified copies of marriage certificates can be obtained by completing the application form and submitting it to:
Berkeley County Courthouse
Attention: Vital Statistics Desk
400 West Stephen Street, Suite 103
Martinsburg, WV 25401
Certificates are available only to individuals listed on the certificate or their designated representatives (power-of-attorney, attorney, or estate executor). The fee is $5.00 per copy. The office accepts cash, credit/debit cards, and money orders.
Birth and Death Records
The Berkeley County Clerk’s office serves as the local custodian of birth and death certificates, with birth records dating to 1865 and death records to 1865.
County Clerk: Anthony J. “Tony” Petrucci
Address: 400 West Stephen Street, Suite 103, Martinsburg, WV 25401
Phone: (304) 264-1927
Fax: (304) 267-1794
Hours: Monday–Friday, 8:00 a.m.–5:00 p.m.
Birth certificates are restricted to the named individual, parents, grandparents, children, grandchildren, siblings, surviving spouses, legal guardians, or authorized representatives. Death certificates are similarly restricted. The fee is $5.00 per copy. Requests can be made in person (allow approximately 15 minutes) or by mail using the vital records application. Mail requests should include a completed application, payment by check or money order payable to Berkeley County Clerk, and a return envelope. Processing and mail delivery may take five days or longer.
Certificates can also be ordered through the West Virginia Vital Registration Office at $12.00 per copy.
Berkeley County Probate Court Records
West Virginia does not have a separate probate court. Instead, probate matters — including the admission of wills, appointment of personal representatives, estate administration, and fiduciary supervision — are handled by the County Clerk’s Office of Fiduciary and Probate, authorized under W.Va. Code Chapter 44, Article 3A.
Berkeley County Office of Fiduciary & Probate
Address: 400 West Stephen Street, Suite 107, Martinsburg, WV 25401
Phone: (304) 267-3001
Fax: (304) 267-7830
Records of wills in Berkeley County date back to 1772. The office staff assists with the probate process but cannot provide legal advice. Most estates are settled in less than one year.
Appointment and Recording Fees
| Estate Value | Appointment Fee |
|---|---|
| Up to $10,000 | $25.00 |
| $10,001–$50,000 | $100.00 |
| Over $50,000 | $175.00 |
| Testamentary trustee / guardian / miscellaneous | $25.00 |
Recording fees are $12.00 for a will or codicil and $17.00 for an executor/administrator application, affidavit, and oath, with increases for documents exceeding five pages.
Starting the Probate Process
Persons named as executor must apply in person with a valid photo ID no later than 4:00 p.m. The original will should be delivered to the office within 30 days of death. Required documents and detailed instructions are available through the county’s probate checklist with will. A fiduciary fee schedule and small estates overview are also available online.
Key requirements:
- Certified copy of the state-issued death certificate (per W.Va. Code 44-1-30)
- The decedent must have been a Berkeley County resident
- Witness depositions and bond may be required (wills generally waive surety bond for named executors)
- Appointment and recording fees range from $52.00 to $202.00 or more, depending on estate value and document length
Guardianships and Conservatorships
Adult guardianships and conservatorships are initiated through the Circuit Court, with a $110.00 filing fee. Infant (minor) guardianships are processed through the Family Court. Forms for minor guardianship petitions, bonds, nominations, and related documents are available through the West Virginia Judiciary’s family court forms page.
Searching Probate Records
The County Clerk’s Electronic Record Search portal includes access to certain recorded probate-related documents. For specific estate files, contact the Office of Fiduciary and Probate directly. Record access fees are $1.50 for the first two pages and $1.00 per subsequent page.