Hampshire County Court Records Search

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    Hampshire County sits in the Eastern Panhandle region of West Virginia, with Romney serving as the county seat — the oldest town in the state. The county's court system includes Circuit Court, Family Court, Magistrate Court, and two Municipal Courts, each generating official records that document legal proceedings from initial filings through final judgments. Whether you need to verify a civil judgment, review a criminal case outcome, or research a historical estate, knowing which court and which clerk manages the relevant records is the critical first step.

    For those searching West Virginia court records, WestVirginiaCourts.us can help you locate publicly available case information, identify the correct court for a given matter, and connect you to official clerk contacts and online search tools. Records may also be accessed through courthouse visits, public access terminals, and the West Virginia Judiciary's online systems.

    How to Look Up a Court Case in Hampshire County?

    Hampshire County court records are maintained across two primary clerk offices depending on the court involved. The Hampshire County Circuit Clerk's Office — led by Sonja Embrey — is the official record keeper for Circuit Court and Family Court filings. The Magistrate Court Clerk, Christie D. Davis, maintains records for the county's Magistrate Court. Both offices are housed at the Hampshire County Judicial Center at 50 South High Street in Romney.

    Your main options for searching court records include:

    • WVPASS (West Virginia Public Access Search System) — This statewide online system provides access to publicly available circuit court documents, including Hampshire County records dating back to 1999. Registration is free, and documents can be downloaded for $0.25 per page.
    • Magistrate Case Record Search — This free public tool lets you search magistrate court records by first name, last name, or case number. Each search returns up to 30 records.
    • In-person requests — Visit the Circuit Clerk's Office and provide a party name or case number. Copies are $1.00 per page.
    • Court record access landing page — The West Virginia Judiciary's Court Record Access page links directly to both the WVPASS circuit court search and the magistrate court search, making it a convenient starting point for online inquiries.

    Hampshire County is an e-file county, meaning all new circuit court filings must be submitted electronically through the West Virginia E-Filing system. Attorneys and registered users submit documents through this portal; the Circuit Clerk's office processes and maintains those filings.

    Are Court Records Public in Hampshire County?

    Court records in Hampshire County are presumptively public under the West Virginia Freedom of Information Act (FOIA), which establishes the public's right to inspect and copy government records, including court documents. The burden falls on the court or government body to justify any denial of access. Despite this presumption of openness, specific categories of records are protected from general public disclosure.

    Records that are restricted or confidential in Hampshire County include:

    • Juvenile records — Under West Virginia Code § 49-5-103, records of juvenile proceedings are not public records and may not be disclosed except as authorized by law.
    • Adoption records — Adoption files are sealed and unavailable to the general public.
    • Domestic (Family Court) case records — With limited exceptions (indexes and orders, unless otherwise sealed), Family Court case documents are not public records and all hearings are closed to the public.
    • Confidential medical and financial information — Court records containing this material are withheld from general disclosure.
    • Sensitive personal identifiers — Home addresses, Social Security numbers, credit and debit card numbers, driver's license numbers, and marital status or maiden names are redacted before records are released publicly.

    All other records — including most civil, criminal, and probate filings — are available for inspection and copying during regular business hours at the appropriate clerk's office.

    Hampshire County Criminal Court Records

    Criminal matters in Hampshire County are adjudicated across three courts depending on the nature of the offense. The Circuit Court handles felony cases and all serious criminal prosecutions. The Magistrate Court handles misdemeanor offenses, conducts preliminary examinations on felony warrants, and issues arrest warrants. The Municipal Courts in Romney and Capon Bridge handle ordinance violations and local traffic matters within their respective jurisdictions.

    Hampshire County Circuit Court
    Address: Hampshire County Judicial Center, 50 South High Street, P.O. Box 343, Romney, WV 26757
    Phone: (304) 822-5022 | Fax: (304) 822-8257

    Hampshire County Magistrate Court
    Address: Hampshire County Judicial Center, 50 South High Street, Suite 3, P.O. Box 881, Romney, WV 26757
    Magistrate Clerk Christie D. Davis: (304) 822-4311 | Fax: (304) 822-3981
    Magistrate Gregory D. Kesner: (304) 822-4022
    Magistrate Loretta Spencer: (304) 822-4228

    Romney Municipal Court
    Address: 340 East Main Street, Romney, WV 26757
    Phone: (304) 822-4060 ext. 107 | Fax: (304) 822-3842

    Capon Bridge Municipal Court
    Address: P.O. Box 183, Capon Bridge, WV 26711
    Phone: (304) 856-3625 | Fax: (304) 356-2495

    Criminal court records — including filings, case dockets, and judgments — can be searched online through WVPASS for Circuit Court matters, or through the free Magistrate Case Record Search for Magistrate Court records. In-person requests for certified copies should be directed to the appropriate clerk; the Circuit Clerk charges $1.00 per page.

    Arrest records and law enforcement reports held by the Hampshire County Sheriff's Office are separate from court records and are subject to their own public records procedures under West Virginia FOIA.

    Hampshire County Civil Court Records

    Civil litigation in Hampshire County is divided between the Circuit Court and the Magistrate Court based on the amount in controversy. The Magistrate Court handles civil claims up to $20,000, including small claims matters. The Circuit Court exercises general civil jurisdiction with no monetary ceiling and also hears appeals of civil judgments from the Magistrate Court.

    The Circuit Clerk's Office maintains civil case records and collects filing fees at the time a case is initiated. Current civil filing fees at the Hampshire County Circuit Court include:

    Case TypeFiling Fee
    Civil Complaint$200
    Appeal to Circuit Court$200
    Removal to Circuit Court$200
    Miscellaneous Civil Petition$200
    New Medical Malpractice$280
    Guardianship/Conservatorship$110
    Counterclaim/Crossclaim/Third Party Complaint$200
    Name Search (per name)$10
    Copy Fee (per page)$1.00

    Full fee schedules are available on the Circuit & Family Court Filing Fees page of the Circuit Clerk's website. Additional forms and case-type information are accessible through the clerk's Information & Forms page.

    For online searches, civil case records from the Circuit Court can be accessed through WVPASS at $0.25 per downloaded page. Magistrate civil records are searchable for free via the Magistrate Case Record Search. In-person requests require a party name or case number and should be directed to the applicable clerk's office during business hours.

    Hampshire County Family Court Records

    Family Court in Hampshire County operates as part of the Twenty-Third Family Court Circuit, which includes Hampshire, Mineral, and Morgan Counties. The Family Court handles divorce proceedings, child custody and support, paternity, domestic violence petitions, annulments, and related domestic matters. Sonja Embrey, as Circuit Court Clerk, also maintains Family Court records, since the Circuit and Family Courts share administrative functions under West Virginia's unified court structure.

    An important access distinction applies here: Family Court case records are not public records, except for indexes and orders that have not been otherwise sealed. All Family Court hearings are closed to the public. This means the substantive documents filed in custody disputes, divorce proceedings, and other domestic cases are generally not available for inspection by third parties.

    Self-represented litigants can access Family Court forms through the West Virginia Supreme Court of Appeals forms portal by searching "Family Court". The Hampshire County Circuit Clerk's website also provides direct links to divorce forms, custody and support forms, domestic violence resources, and minor guardianship forms. Note that the West Virginia Supreme Court does not supply forms for paternity suits, annulments, separate maintenance actions, grandparent visitation, UIFSA cases, or name-change petitions; for those, Legal Aid of West Virginia provides name change guidance and forms.

    Filing fees for domestic matters include:

    • Divorce Petition: $135
    • Other Domestic Cases (custody, child support, paternity, name change): $200
    • Petition for Modification: $85
    • Petition for Expedited Modification (child support only): $35
    • Parenting Class Registration: $25
    • CD/DVD of Hearing (Family Court only): $5

    Marriage records are maintained by the County Clerk, not the Circuit Clerk. Eligible requesters — including the parties named on the record, their children, and legal representatives — may obtain certified copies of marriage certificates by submitting a completed application form, a photocopy of a valid photo ID, a self-addressed stamped envelope, and a $5.00 fee by mail to:

    Hampshire County Clerk
    P.O. Box 806 | 19 East Main Street
    Romney, WV 26757
    Phone: (304) 822-5112 | Fax: (304) 822-4039
    Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.

    The general public may only access Hampshire County marriage records that are at least 50 years old. Divorce records held by the Circuit Clerk carry a similar 50-year restriction for non-party public access. Eligible parties seeking divorce records should contact the Circuit Clerk at (304) 822-5022 or visit the office at 50 South High Street, Suite 6, P.O. Box 856, Romney, WV 26757 (Monday–Friday, 8:00 a.m. – 4:00 p.m.). Supply both parties' names, the estimated date of the dissolution, and the case number if known.

    Birth and death certificates are maintained by the Hampshire County Clerk's Office. Certified copies cost $5.00 each and require a completed application, valid photo ID, and proof of eligibility. Eligible requesters for birth records include the subject (age 18 or older), parents, grandparents, adult children and grandchildren, adult siblings, spouses, and legal guardians or representatives. Death certificate access is similarly restricted to close family members and legal representatives. Applications should be submitted to the Hampshire County Clerk's Office in person or by mail.

    Hampshire County Probate Court Records

    Probate and estate administration in Hampshire County falls under the jurisdiction of the County Clerk's Office, which probates wills, appoints personal representatives, and oversees the administration of decedents' estates. The probate process runs step by step through the clerk's office, which coordinates with the Hampshire County Commission for final estate settlements.

    To open an estate, you'll need to bring the following:

    • The original will (if any exists); if probated in another state, an exemplified (triple-seal) copy is required
    • A copy of the death certificate
    • A complete list of all beneficiaries and heirs with their mailing addresses
    • Photo identification

    For intestate estates (no will), the prospective personal representative must also bring someone who owns real estate in Hampshire County, as bonding is required. Out-of-state residents must obtain a bond through a bonding or insurance company.

    Hampshire County Probate Fees (effective July 1, 2021):

    ServiceFee
    Will filing$12.00
    Qualification as Personal Representative$12.00
    Fiduciary Bond$12.00
    Letter of Administration (first is free)$2.50 each additional
    Fiduciary Advertisement$20.00
    Appraisement$12.00
    Settlement$12.00

    The personal representative must return a completed appraisement form to the Clerk's office within 90 days of appointment. The clerk places a "Notice of Administration" in the newspaper, and a 60-day waiting period must run from the first publication date before a final accounting is submitted. The County Commissioners confirm the final report at their next meeting — held on the fourth Tuesday of each month — after which the estate is closed.

    To begin the probate process, prospective personal representatives should complete and return the estate information form to:

    Hampshire County Clerk's Office
    P.O. Box 806 | 66 North High Street
    Romney, WV 26757
    Phone: (304) 822-5112 | Fax: (304) 822-4039
    Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.

    The office requests that parties make an appointment before visiting. Direct any questions about specific estate matters to the Probate Office by calling the main number. Be aware that certain probate records — particularly those involving minors or mental health commitments related to conservatorship cases — may carry access restrictions despite the general presumption of public openness under West Virginia FOIA.