Fayette County Court Records Search

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    Fayette County, West Virginia sits at the heart of the New River Gorge region, with its county seat in Fayetteville. The county’s court system spans Circuit, Family, Magistrate, and multiple Municipal Courts, each maintaining distinct records that serve everything from property transactions to criminal proceedings. Whether you need to verify a case outcome, research an estate, or confirm a civil judgment, understanding which office holds the record — and how to access it — saves considerable time.

    Locating court records in West Virginia generally begins online. The West Virginia Judiciary provides two dedicated search platforms for public users: one covering Circuit Court filings statewide and another covering Magistrate Court cases. Residents can also turn to WestVirginiaCourts.us to find county-level information, court contact details, and publicly available case data for Fayette County and every other county in the state. Beyond online tools, records are available in person through the Circuit Clerk’s office and the County Clerk’s office, both located at the Fayette County Courthouse in Fayetteville, as well as through the Magistrate Court clerk.

    How to Look Up a Court Case in Fayette County?

    Fayette County offers several distinct pathways for searching court records, depending on which court handled the case and how far back the records go.

    Online Search Options

    The West Virginia Supreme Court of Appeals launched WVPASS (West Virginia Public Access Search System) in March 2025, providing online access to publicly available Circuit Court documents dating back to 1999 from all 55 West Virginia counties, including Fayette. Users can search by party name, case number, or filing date at no charge. For Magistrate Court cases, the separate Magistrate Case Record Search portal allows anyone to enter a first or last name or a case number to retrieve civil and criminal case histories. The West Virginia Judiciary consolidates both search tools on its Court Record Access landing page.

    For property-linked records, deeds, liens, probate documents, and fiduciary filings dating from 1981 onward can be searched through the Fayette County Clerk Document Search portal. Birth, death, and marriage records from 2016 forward are also indexed there, though accessing certified copies requires contacting the clerk’s office directly at (304) 574-4226.

    In-Person Search Locations

    Court or OfficeAddressPhone
    Circuit Court Clerk (Travis W. Prince)100 North Court Street, P.O. Box 600, Fayetteville, WV 25840(304) 574-4249
    Magistrate Court Clerk (Erin Akers)100 Church Street, Suite 3, Fayetteville, WV 25840(304) 574-4279
    County Clerk (Michelle Holly)100 Court Street, Suite 1, P.O. Box 569, Fayetteville, WV 25840(304) 574-4225

    Both the Circuit Clerk and County Clerk offices operate Monday through Friday, 8:00 a.m. to 4:00 p.m. Staff can provide certified copies of documents; fees are outlined in the Clerk Fee Schedule effective July 1, 2023. Copies are payable by major credit card at the time of printing.

    Are Court Records Public in Fayette County?

    Yes, with defined limitations. Chapter 29B of the West Virginia Code — the West Virginia Freedom of Information Act (WVFOIA) — establishes the general right of every person to inspect or copy public records held by any public body, including courts. Upon request, the record custodian must make public records available within five business days, excluding weekends and legal holidays.

    Certain categories of records are explicitly exempt from disclosure under W. Va. Code § 29B-1-4. Exemptions include:

    • Personal information in medical or similar files where disclosure would constitute an unreasonable invasion of privacy
    • Law enforcement investigative records pertaining to the detection and investigation of crime
    • Examination reports prepared for agencies regulating financial institutions
    • Records of the Division of Corrections, Regional Jail Authority, and Division of Juvenile Services relating to jail or detention facilities

    The definition of a “court record” under W. Va. Code § 53-8-17 encompasses the official records of any court proceeding maintained by a clerk — including indices, orders, judgments, docket entries, audio/video recordings, and filed documents such as affidavits, motions, and transcripts. Juvenile records and adoption proceedings carry heightened confidentiality protections and are generally not accessible to the general public.

    Fayette County Criminal Court Records

    Fayette County is part of the Fifteenth Judicial Circuit, with two sitting circuit judges handling felony prosecutions, serious misdemeanors appealed from Magistrate Court, and other major criminal matters.

    Circuit Court Criminal Division

    • Judge Sam Fox — Fayette County Courthouse Annex, 100 Church Street, Fayetteville, WV 25840 — (304) 574-4220
    • Judge Thomas Fast — Fayette County Courthouse, 100 North Court Street, Suite 4, Fayetteville, WV 25840 — (304) 574-4222
    • Circuit Clerk (Travis W. Prince) — (304) 574-4249 | Fax: (304) 574-4314

    Criminal filings at the circuit level — including indictments, plea agreements, sentencing orders, and appellate records — are maintained by the Circuit Clerk. These documents are searchable through WVPASS for cases from 1999 forward.

    Magistrate Court Criminal Division

    Misdemeanors, traffic violations, and preliminary hearings in felony matters are processed at the Magistrate Court. Fayette County has four magistrates: Matthew Jeffries, Richard Pannell, Samuel D. Parsons, and Danita G. Young, all located at 100 Church Street, Suite 3, Fayetteville, WV 25840. Their individual lines are (304) 574-4285, (304) 574-4287, (304) 574-4283, and (304) 574-4281, respectively. Magistrate Court records are publicly searchable through the Magistrate Case Record Search portal.

    Criminal History and Arrest Information

    Court records differ from criminal history records. Certified statewide criminal background checks are no longer processed directly by the West Virginia State Police. All background check requests in West Virginia now route through IdentoGO, which manages fingerprint-based submissions on behalf of the WV State Police Criminal Records Section. Requests can be scheduled online or by calling IdentoGO toll-free at (855) 766-7746. For expungements, the process begins with a background check through IdentoGO, followed by a petition filed with the Fayette County Circuit Clerk.

    Fayette County Sheriff’s Department records — including incident reports — are available through the county government. Contact the Sheriff’s Department at (304) 574-4216 or visit the Fayette County Sheriff’s Department page. The County Clerk’s Document Search portal also indexes Sheriff’s Department records from 1993 forward.

    Fayette County Civil Court Records

    Civil disputes between individuals and business entities, including contract claims, property disputes, and civil judgments, are filed at either the Circuit Court or the Magistrate Court depending on the amount in controversy and the nature of the claim.

    Circuit Court Civil Records

    The Circuit Court handles larger civil matters, including breach of contract actions, tort claims, and appeals from Magistrate Court civil decisions. Filings and orders are maintained by Circuit Clerk Travis W. Prince at 100 North Court Street, Fayetteville. Documents from 1999 forward are searchable online through WVPASS.

    Magistrate Court Civil Records

    The Magistrate Court handles small claims and civil matters generally up to $10,000. Case records are searchable through the Magistrate Case Record Search portal by party name or case number.

    County Clerk Document Search

    Leases, liens, releases, deeds of trust, and other recorded civil instruments dating from 1981 onward are searchable through the Fayette County Clerk Document Search portal. The search fee is $5.00, as outlined in the Clerk Fee Schedule. Users can search by name, date, or document type. Note that certified copies of indexed records require contacting the office directly; copies purchased at the clerk’s office are payable by major credit card.

    Municipal Courts

    Fayette County’s numerous municipalities each operate their own courts handling local ordinance violations and misdemeanor traffic matters. Key municipal court contacts include:

    • Fayetteville Municipal Court — 125 North Court Street, Fayetteville, WV 25840 — (304) 574-0101
    • Ansted Municipal Court — P.O. Box 798, Ansted, WV 25812 — (304) 658-5901
    • Gauley Bridge Municipal Court — 278 Railroad Street, Gauley Bridge, WV 25085 — (304) 632-2505
    • Montgomery Municipal Court — 706 3rd Avenue, Montgomery, WV 25136 — (304) 442-5181
    • Oak Hill Municipal Court — 691 Virginia Street, Oak Hill, WV 25901 — (304) 465-0596
    • Smithers Municipal Court — P.O. Box 489, Smithers, WV 25186 — (304) 442-5282

    Records for each municipal court are held by the individual municipality; contact the relevant court clerk for access instructions.

    Fayette County Family Court Records

    Fayette County is part of the Fourteenth Family Court Circuit. Family Court Judge Matthew Dean England handles matters including divorce, legal separation, child custody, child support, and domestic violence protective orders. The Family Court is located at:

    Fayette County Family Court (Judge Matthew Dean England)
    Address: 213 North Court Street, Fayetteville, WV 25840
    Phone: (304) 574-3393

    Family court records are generally accessible through the Circuit Clerk’s office. Because family matters involve sensitive information regarding minor children and domestic situations, certain filings — including records pertaining to abuse, neglect, and domestic violence proceedings — carry confidentiality protections under West Virginia law and may not be available to the general public.

    Marriage Licenses

    Marriage licenses are issued by the Fayette County Clerk’s Office by appointment only. Couples must appear together in person at the courthouse and bring valid photo ID. The standard fee is $57.00, reduced to $37.00 if both parties present a premarital education course completion certificate dated within one year of the application date. A Marriage Application form is available on the county’s website and can be completed in advance to save time. Schedule an appointment by calling (304) 574-4232 or emailing annana.keffer@fayettecountywv.gov. Licenses are effective immediately upon issuance and valid for 60 days.

    Certified copies of marriage certificates ($5.00 per copy) can be obtained from the County Clerk’s office. Alternatively, the West Virginia Vital Registration Office in Charleston provides certified copies for $12.00 per copy. Requestors must complete the marriage certificate application form and present valid identification.

    Divorce Records

    Divorce decrees are filed with and maintained by the Circuit Clerk at 100 North Court Street. Under West Virginia law, divorce records become fully public after 50 years. Prior to that threshold, access is restricted to the named parties and persons who can demonstrate a direct tangible interest in the record. To request a copy, contact the Circuit Clerk at (304) 574-4249.

    Birth and Death Records

    West Virginia restricts access to birth records for 100 years and death records for 50 years from the date of the event. Certified copies can be obtained either through the County Clerk’s Document Search (for records from 2016 forward, with copies at $5.00 plus $2.50 for certification) or through the Vital Registration Office for $12.00 per copy. The birth certificate application form and death certificate application form are available on the DHHR website for mail-in requests. Send completed applications with a copy of valid photo ID and a money order to the Vital Registration Office, 350 Capitol Street, Room 165, Charleston, WV 25301-3701.

    Fayette County Probate Court Records

    Probate matters in Fayette County — including estate administration, will filings, conservatorships, and guardianships — are handled by the Fayette County Clerk’s Office rather than a separate probate court. The Clerk’s office serves as the legal repository for all probate documents.

    What Probate Records Are Available

    The following document types are indexed and, where applicable, available through the Clerk Document Search portal:

    • Wills (recorded originals)
    • Probate orders and reports
    • Fiduciary documents
    • Estate inventories and appraisements
    • Releases and settlements

    Records from 1993 forward are generally available through the clerk’s office. For records older than 1993, contact the office directly. Some historical probate and court records are also available through the West Virginia Regional History Center at WVU Libraries, which maintains a microfilm index for Fayette County court records.

    How to Open a Probate Matter

    To initiate an estate or probate proceeding, the County Clerk’s office requires an appointment. Contact Lisa Garrett directly at (304) 574-4327 to discuss your specific circumstances before filing. Factors including the existence of a will, the number of heirs, and the total value of the estate all affect which procedures apply under the West Virginia Probate Code.

    Typical probate-related costs include fees for recording the will, qualifying the personal representative, recording the appraisement, and obtaining certified copies of letters of administration. Copy fees for documents retrieved at the clerk’s office are payable by major credit card at the time of printing. For a complete schedule of recording fees, consult the Clerk Fee Schedule linked on the county clerk’s official page.

    Probation Office

    The Fayette County Probation Office, which handles court-ordered supervision following criminal matters, is located at 106 E. Maple Avenue, Fayetteville, WV 25840 and can be reached at (304) 574-4205. This office does not maintain court records but works in coordination with the Circuit Court.