Brooke County Court Records Search
WestVirginiaCourts.us is not a consumer reporting agency as defined by the FCRA and does not provide consumer reports. All searches conducted on WestVirginiaCourts.us are subject to the Terms of Service and Privacy Notice.
Brooke County, West Virginia, has its county seat in Wellsburg and falls within the First Judicial Circuit, which also covers Hancock and Ohio Counties. The county's court system spans three primary trial court divisions — Circuit, Family, and Magistrate — each handling a defined scope of cases and maintaining its own records. Depending on the type of case, records are held by different clerk offices, so knowing which court handled the matter is the essential first step.
If you're starting a search for West Virginia court records, WestVirginiaCourts.us provides a directory of courts, clerk offices, and publicly accessible search tools across the state. From there, you can reach official online portals for both circuit and magistrate court records, connect directly with clerk offices, or find out about public access terminals available at the courthouse.
How to Look Up a Court Case in Brooke County?
Court records in Brooke County are held by separate offices based on which court handled the case. The Circuit Court Clerk manages civil, criminal, divorce, custody, guardianship, and appellate records. The Magistrate Court Clerk maintains records for misdemeanors, traffic offenses, and small civil claims. The County Clerk handles probate, wills, marriage licenses, and recorded land documents.
Brooke County Circuit Court — 1st Judicial Circuit
| Detail | Information |
|---|---|
| Address | Brooke County Judicial Center, 620 Main Street, P.O. Box 474, Wellsburg, WV 26070 |
| Phone | (304) 737-3662 |
| Fax | (304) 737-0352 |
| Judge | Hon. Jason A. Cuomo |
| Circuit Clerk | Glenda Brooks |
| Clerk Hours | Monday–Friday, 8:30 AM – 4:30 PM |
Brooke County Family Court — 1st Family Court Circuit
| Detail | Information |
|---|---|
| Address | Brooke County Judicial Center, 620 Main Street, Third Floor, Wellsburg, WV 26070 |
| Phone | (304) 737-3662 |
| Fax | (304) 737-0352 |
| Judge | Hon. Joyce D. Chernenko |
Brooke County Magistrate Court
| Detail | Information |
|---|---|
| Address | Brooke County Judicial Center, 620 Main Street, Wellsburg, WV 26070 |
| Phone | (304) 737-1321 |
| Fax | (304) 737-1509 |
| Magistrates | Michelle Heaton; Sarah E. DeLong |
| Clerk | Traci Bright |
Brooke County Clerk
| Detail | Information |
|---|---|
| Address | 632 Main Street, Suite 201, Wellsburg, WV 26070 |
| Phone | (304) 737-3661 |
| Fax | (304) 737-4023 |
| barbetta@clerk.state.wv.us | |
| County Clerk | Kimberly M. Barbetta |
| Hours | Monday–Friday, 9:00 AM – 5:00 PM |
Online Search Tools
Two official online platforms give you public access to Brooke County court records:
- WVPASS (West Virginia Public Access Search System) — Launched in March 2025, WVPASS gives public access to all non-confidential Brooke County Circuit Court documents dating back to 1999. You can search by party name or case number.
- WV Magistrate Case Record Search — Provides case information for Magistrate Court matters statewide, including Brooke County. Searches are available by party name or case number and return criminal and civil case histories.
Both systems are accessible through the West Virginia Judiciary's Court Record Access page. Any data retrieved from these portals should be verified with the appropriate clerk's office for official confirmation.
In-Person and Public Access Terminals
Public access terminals at the Brooke County Judicial Center allow on-site searches of court case records at no charge. For certified document copies, contact the relevant clerk's office with the case name, approximate filing date, and a valid government-issued photo ID.
Are Court Records Public in Brooke County?
West Virginia's Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.) establishes that all public records held by government agencies — including court clerks — are presumptively available for public inspection and copying upon request. In the court context, Rule 10 of the West Virginia Trial Court Rules further governs access to circuit and family court records, setting out specific procedures for inspection and the circumstances under which records may be restricted.
Despite this general openness, a number of record categories in Brooke County are sealed or restricted by statute or court order:
- Juvenile records — confidential to protect minors involved in delinquency or neglect proceedings
- Adoption records — sealed from general public access
- Family court case files — generally restricted; only final orders are publicly accessible in most circumstances
- Divorce files — confidential and sealed for 50 years; only the final judgment or order is publicly accessible during that period
- Medical and mental health records — withheld under privacy protections
- Expunged and sealed criminal records — not available to the public following a court order of expungement
- Birth records — confidential for 100 years under WV Code § 16-5-27; restricted to the registrant (if age 18 or older), immediate family, legal representatives, and those with court orders
- Death records — confidential for 50 years; accessible only to immediate family and authorized individuals during that period
- Marriage records within the last 50 years — restricted to named parties, immediate family, and those with court orders
- Active law enforcement investigative materials — withheld to protect ongoing investigations
- Records protected by attorney-client privilege — exempt from disclosure
Requests for restricted records require documented proof of eligibility, such as a government-issued photo ID demonstrating a direct relationship to the record subject, or a court order authorizing access.
Brooke County Criminal Court Records
Criminal jurisdiction in Brooke County is divided between the Circuit Court and the Magistrate Court based on how the offense is classified.
Circuit Court — Felonies
Felony prosecutions are handled exclusively in the Circuit Court, which holds three terms annually — in January, May, and September. Records from felony proceedings, including charging documents, motions, verdicts, and sentencing orders, are maintained by the Circuit Clerk and are searchable through WVPASS for cases filed since 1999.
Magistrate Court — Misdemeanors and Traffic Offenses
Magistrates Michelle Heaton and Sarah E. DeLong preside over Brooke County Magistrate Court, which has jurisdiction over misdemeanors, gross misdemeanors, traffic infractions, and preliminary felony hearings. Magistrate case records are searchable through the WV Magistrate Case Record Search, which returns a complete civil and criminal case history. Records retrieved through the portal should be confirmed with the Magistrate Clerk for any official purpose.
Arrest Records and Sheriff's Office
The Brooke County Sheriff's Office handles law enforcement operations and maintains arrest records for the county. For inquiries about specific arrests, contact:
Brooke County Sheriff's Office
Non-emergency Phone: (304) 737-3660
Website: brookecountysheriff.com
FOIA requests are accepted through the Sheriff's Office directly.
When calling about an arrest, have the subject's full name and the approximate date of the incident ready. The Sheriff's Office also handles tax collection functions and maintains mapping and addressing services for the county.
Brooke County Civil Court Records
Civil jurisdiction in Brooke County is split between the Magistrate Court and the Circuit Court based on the amount in dispute.
| Claim Amount | Court |
|---|---|
| Small claims up to $10,000 | Magistrate Court |
| Civil claims up to $100,000 | Magistrate Court |
| Claims exceeding Circuit Court threshold / complex matters | Circuit Court |
Magistrate Court Civil Cases
Magistrate Court handles a broad range of civil matters at the lower end of the jurisdictional scale, including breach of contract, personal property disputes, and other money claims. Civil magistrate case records are searchable online through the WV Magistrate Case Record Search portal.
Circuit Court Civil Cases
Larger claims and more complex civil matters go before the Brooke County Circuit Court, which holds exclusive jurisdiction over those filings. Circuit Court civil documents — complaints, motions, orders, and judgments — are maintained by the Circuit Clerk and accessible through WVPASS for documents filed since 1999.
In-Person and Mail Requests
To request copies of civil court records in person or by mail, contact the Circuit Clerk's office at (304) 737-3662 or the Magistrate Clerk at (304) 737-1321. Provide the case name or number, the approximate filing date, and a valid ID. For mail requests, include a written description of the document needed along with the applicable copy fee.
Property and Land Records
Deeds, mortgages, liens, and other recorded instruments affecting Brooke County real estate are maintained by the County Clerk's office. The Brooke County Clerk Document Inquiry System provides online access to recorded documents. Property assessment data is available through the Brooke County Assessor's Office Property Record Search, and property tax payment status can be checked through the Brooke County Sheriff's Tax Office. Statewide real estate assessment data is also accessible through the WV Property Assessment Portal.
Brooke County Family Court Records
Family law matters in Brooke County fall under the jurisdiction of either the Family Court or the Circuit Court. Judge Joyce D. Chernenko presides over the Brooke County Family Court, part of the First Family Court Circuit serving Brooke, Hancock, and Ohio Counties.
Family Court Jurisdiction
The Family Court handles divorce and legal separation proceedings, child custody and visitation arrangements, child support orders and modifications, domestic violence civil protective orders, paternity matters, and adoptions (whose records are sealed). Family Court records are generally confidential, with only final orders publicly accessible in most cases. The Circuit Clerk, as the official record keeper for both Circuit and Family Court, maintains these files. Contact the Clerk's office at (304) 737-3662 for access inquiries.
Marriage Records
Marriage licenses are issued and marriage records are maintained by the Brooke County Clerk. Records more than 50 years old are publicly accessible; records within the past 50 years are restricted to the named parties, their immediate families, and those with court orders. To request a marriage certificate, contact the County Clerk at (304) 737-3661 or visit 632 Main Street, Suite 201, Wellsburg, WV 26070, Monday through Friday, 9:00 AM to 5:00 PM.
Certified copies of marriage records are also available from the West Virginia Department of Health Vital Registration Office at a fee of $12.00 per certified copy. Requests may be submitted in person, by mail, by phone, online, or by fax. Mail requests should be sent to:
West Virginia Vital Registration Office
350 Capitol Street, Room 165
Charleston, WV 25301-3701
Birth and Death Records
Under WV Code § 16-5-27, birth records are confidential for 100 years and death records for 50 years. During these periods, access is restricted to the registrant (for birth records, if age 18 or older), immediate family members, legal representatives, and individuals with valid court orders.
Certified copies of both birth and death certificates are available from the WV Vital Registration Office at $12.00 per copy. The fee includes a non-refundable search charge. The required birth certificate request form must be completed, signed, and submitted along with a photocopy of a government-issued photo ID and a check or money order for the applicable fee.
For historical research, the WV Vital Research Records project through the West Virginia Division of Culture and History provides scanned images of historical birth, death, and marriage records for genealogical purposes.
Brooke County Probate Court Records
Probate in Brooke County is administered through the County Clerk's office rather than a separate probate court. West Virginia law requires that any will be submitted to the County Clerk within 30 days of the decedent's death. The County Clerk then records the will and oversees the qualification of an executor or administrator to manage the estate. Appointments for opening an estate are handled by Adrianna Reinard; contact the office at (304) 737-3661 or email abodkins@clerk.state.wv.us to schedule.
Opening a Testate Estate (With a Will)
When a decedent leaves a valid will, bring the following to your appointment:
- The original will (the clerk will retain this document upon recording)
- A list of names and addresses of all beneficiaries and heirs
- A copy of the death certificate if death occurred in West Virginia (certified copy issued by WV Vitals)
- A certified or original death certificate if death occurred in another state (the clerk will retain and record this)
- Cash or check for recording fees, which range from $45.00 to $65.00 depending on the length of the will and the number of appointment letters issued
Handwritten wills or wills prepared outside West Virginia may require additional documentation and more than one visit to commence probate. If the will does not waive bond for the executor, a surety bond is required before probate can begin.
Opening an Intestate Estate (Without a Will)
When no valid will exists, the process involves:
- Determining the total value of all personal property solely owned by or titled to the deceased — this figure sets the bond amount
- Arranging a surety bond through a licensed surety company (the County Clerk can provide a list) or through a Brooke County property owner willing to encumber their real estate as security; the bonding party must be present at the appointment
- Bringing a list of all heirs at law with their names and addresses
- Providing a certified or original death certificate
- Payment of recording fees by cash or check
Probate Records Access
Probate case files — including wills, estate inventories, administrator qualifications, and distribution records — are maintained by the Brooke County Clerk. These records are generally public once filed, subject to any court-ordered restrictions. Researchers may also search probate case information through WVPASS for circuit-level probate filings. For on-site inspection of original documents, visit the County Clerk's office at 632 Main Street, Suite 201, Wellsburg, WV 26070, during regular business hours.