Jefferson County Court Records
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Jefferson County sits in West Virginia's Eastern Panhandle, with Charles Town as the county seat. The county is part of the Twenty-Third Judicial Circuit, and its court system spans four distinct courts: the Circuit Court, the Family Court, the Magistrate Court, and five Municipal Courts located in Bolivar, Charles Town, Harpers Ferry, Ranson, and Shepherdstown. Each court keeps its own set of records covering criminal cases, civil disputes, family law proceedings, and related matters. Two elected offices share responsibility for those files — the Circuit Clerk's Office manages Circuit Court and Family Court records, while the County Clerk's Office handles probate, vital statistics, and land records.
West Virginia's court system offers both in-person and electronic ways to find case information. WestVirginiaCourts.us can help you identify court resources and access points across the state's 55 counties. The West Virginia Judiciary maintains two statewide online databases — WVPASS for Circuit Court records and the Magistrate Court Record Search for Magistrate Court filings — that together cover a large share of the state's cases. At the local level, Jefferson County's clerk offices accept record requests in person, by mail, and by email, and a public-access terminal at the Circuit Clerk's Office lets you search certain open case types during business hours.
How to Look Up a Court Case in Jefferson County?
The right method for finding a Jefferson County court case depends on which court handled it. The options below cover the main approaches.
Online Searches
Two statewide electronic databases cover Jefferson County courts:
- WVPASS (West Virginia Public Access Search System): Launched in 2025, this portal gives you access to all publicly available Circuit Court documents going back to 1999 across all 55 counties. Search by party name, case number, or attorney name at wvpass.courtswva.com.
- Magistrate Court Record Search: Maintained by the West Virginia Judiciary, this tool supports name-based and case-number searches for civil and criminal Magistrate Court records statewide, including Jefferson County filings. Results may show case type, charges, dispositions, and scheduled hearings.
The Jefferson County Document Inquiry System offers a separate portal for searching land records, liens, and other instruments recorded with the County Clerk.
In-Person Searches
Both clerk offices accept walk-in requests during business hours:
Jefferson County Circuit Clerk's Office
Address: 119 North George Street, Suite 100, Charles Town, WV 25414
Mailing: P.O. Box 1234, Charles Town, WV 25414
Phone: (304) 728-3231
Fax: (304) 728-3398
Hours: Monday–Friday, 9:00 a.m.–5:00 p.m.
Jefferson County Clerk's Office
Address: 393 North Lawrence Street, Suite 135, Charles Town, WV 25414
Phone: (304) 728-3215
Hours: Monday–Friday, 9:00 a.m.–5:00 p.m.
A public-access computer terminal at the Circuit Clerk's Office lets visitors search open case types free of charge.
Mail and Email Requests
Written requests should include the party's full legal name, case number (if known), type of case, approximate filing date, a self-addressed stamped envelope, and a check or money order for applicable copy fees. Send Circuit Court or Family Court requests to the Circuit Clerk at P.O. Box 1234, Charles Town, WV 25414. Direct probate or vital records requests to the County Clerk at P.O. Box 208, Charles Town, WV 25414.
Are Court Records Public in Jefferson County?
West Virginia law creates a broad presumption that government documents — including court records — are open to the public. The West Virginia Freedom of Information Act (W. Va. Code § 29B-1-3) gives every person the right to inspect or copy public records held by government bodies.
Records Generally Open to the Public
The following Jefferson County court records are typically available for inspection or copying:
- Circuit Court civil and criminal case files, including complaints, answers, motions, orders, and judgments
- Magistrate Court civil and criminal dockets and dispositions
- Family Court divorce decrees, custody orders, and support orders (subject to certain redactions)
- Land records, deeds, and liens filed with the County Clerk
- Probate case files, including wills admitted to record, inventories, and letters testamentary
- Marriage certificates that are more than 50 years old
Records That Are Restricted or Confidential
Several categories of records are closed to public inspection under West Virginia law:
- Juvenile records: Cases involving minors are confidential under W. Va. Code Chapter 49.
- Sealed and expunged records: Criminal records sealed by court order or expunged under W. Va. Code § 61-11-26 are not accessible to the public.
- Adoption records: Sealed upon finalization and accessible only by court order.
- Mental hygiene proceedings: Commitment and involuntary hospitalization records are confidential.
- Marriage records: Restricted from public access for 50 years after the date of marriage; accessible only to the spouses, their adult children, or legal representatives during that period.
- Birth records: Closed for 100 years after the date of birth.
- Death records: Closed for 50 years after the date of death.
Copy Fees
Certified copies of vital records from the County Clerk cost $5 per copy. Copies requested from the West Virginia Department of Health and Human Resources cost $12 per copy. Circuit Clerk copy fees are set by W. Va. Code § 59-1-11, which establishes a per-page rate of $1 for transcripts or copies made by the clerk for use outside the office. A 2.5% service fee ($2.00 minimum) applies to all credit card transactions at both the Circuit Clerk's and County Clerk's offices.
Jefferson County Criminal Court Records
Criminal cases in Jefferson County are divided between the Circuit Court and the Magistrate Court based on severity. The Circuit Court handles felonies and misdemeanors brought by indictment, while the Magistrate Court processes misdemeanor charges, preliminary hearings, and warrant matters. The five Municipal Courts within the county — in Bolivar, Charles Town, Harpers Ferry, Ranson, and Shepherdstown — handle municipal ordinance violations.
Circuit Court Felonies and Serious Misdemeanors
As the court of general jurisdiction, the Jefferson County Circuit Court hears all felony cases and misdemeanor appeals from Magistrate and Municipal Courts. The Circuit Clerk maintains records of indictments, arraignments, plea agreements, trial proceedings, sentencing orders, and restitution payments.
Jefferson County Circuit Court
Address: 119 North George Street, Charles Town, WV 25414
Phone: (304) 728-3231
Fax: (304) 728-3398
Circuit Court criminal case records can be searched online through WVPASS. Court costs assessed upon conviction are $85 for misdemeanors and $105 for felonies, as set by W. Va. Code § 59-1-11(d).
Magistrate Court Misdemeanors and Preliminary Hearings
The Jefferson County Magistrate Court conducts initial appearances, sets bail, holds preliminary hearings for felony charges, and tries misdemeanor cases. Records — including criminal complaints, warrants, bond information, and disposition data — are searchable through the Magistrate Court Record Search.
Jefferson County Magistrate Court
Address: 110 North George Street, Charles Town, WV 25414
Mailing: P.O. Box 607, Charles Town, WV 25414
Phone: (304) 728-3233, ext. 342
Fax: (304) 728-3235
Criminal History Background Checks
The Circuit Clerk's Office does not conduct criminal background checks. If you need a formal criminal history report, you must use IdentoGO, the third-party vendor designated by the West Virginia State Police for fingerprint-based criminal record checks. Schedule an appointment by calling (855) 766-7746. Name-based criminal history inquiries can be directed to:
West Virginia State Police Headquarters
Address: 725 Jefferson Road, South Charleston, WV 25309
Phone: (304) 746-2498
Fax: (304) 746-2402
Expungement
West Virginia Code § 61-11-26 governs the expungement of criminal records. People found not guilty, those whose charges were dismissed, and certain individuals who have completed their sentences may petition for expungement. Once granted, expunged records are removed from public access, and the individual is not required to disclose the record on employment or credit applications.
Jefferson County Civil Court Records
Civil disputes in Jefferson County are handled by either the Circuit Court or the Magistrate Court, depending on the amount in controversy and the type of relief being sought.
Jurisdictional Overview
| Court | Civil Jurisdiction |
|---|---|
| Circuit Court | Exclusive original jurisdiction for claims exceeding $10,000; concurrent jurisdiction for $5,000–$10,000; equity matters; appeals from Magistrate Court |
| Magistrate Court | Civil claims up to $10,000; landlord-tenant disputes (wrongful occupation, unlawful detainer); small claims |
Filing a Civil Action in Circuit Court
To file a civil case in the Jefferson County Circuit Court, submit a complaint, pay the filing fee, and arrange for service of process. Filing fees under W. Va. Code § 59-1-11 include:
| Fee Description | Amount |
|---|---|
| Civil action filing fee | $200 |
| Medical professional liability action | $280 |
| Counterclaim, cross-claim, or third-party complaint | $200 |
| Each additional named defendant | $15 |
| Suggestion and serving notice by certified mail | $25 |
| Execution | $25 |
| Suggestee execution and serving notice by certified mail | $25 |
| Subpoena | $0.50 |
| Abstract of judgment | $5 |
| Transcript or copy per page | $1 |
Civil case records from the Circuit Court are available through WVPASS and at the Circuit Clerk's Office.
Filing a Civil Action in Magistrate Court
Magistrate Court filing fees for civil actions are set by W. Va. Code § 50-3-1 and must be paid in advance:
| Claim Amount | Filing Fee |
|---|---|
| $500 or less | $30 |
| $500.01–$1,000 | $35 |
| $1,000.01–$2,000 | $40 |
| More than $2,000 | $50 |
| Non-monetary relief | $30 |
Additional Magistrate Court costs include $5 per judgment enforcement action, $1 per bond filed, $1 per hour for witness depositions, and $1 for certified or registered mailings. The Jefferson County Magistrate Court's website provides access to commonly used forms for civil filings.
Property Records
Land records, deeds, mortgages, and liens are filed with the County Clerk's Recording Department. Recording hours run from 9:00 a.m. to 4:00 p.m., Monday through Friday. Electronic recording is available through Simplifile ((800) 460-5657), CSC ((866) 652-0111), and eRecording Partners Network ((888) 325-3365). The County Clerk offers a Recording Fee Calculator for estimating costs, and the complete Clerk Fee Schedule is available online. Recording fees are set by W. Va. Code § 59-1-10.
Property assessment information can be searched through the Jefferson County Assessor's Office, which also provides a mapping and plat search tool. Reach the Assessor's Office by email at assessor@jeffersoncountywv.org or by phone at (304) 728-3224.
Jefferson County Family Court Records
The Jefferson County Family Court handles divorce, child custody, child support, visitation, paternity, domestic violence protective orders, and related proceedings. The Family Court shares its physical location and clerk with the Circuit Court, so all Family Court records are maintained by the Circuit Clerk.
Jefferson County Family Court
Address: 119 North George Street, Charles Town, WV 25414
Phone: (304) 728-3231
Fax: (304) 728-3398
Family Court judge contact information is available through the West Virginia Judiciary's Jefferson County page.
Divorce
Divorce, annulment, and separate maintenance actions are filed through the Circuit Clerk. The filing fee for a divorce action is $135, as set by W. Va. Code § 59-1-11(a)(3). A petition to modify custody, visitation, child support, or spousal support costs $85. An expedited child support modification petition costs $35.
The West Virginia Judiciary provides standardized divorce forms, including the Petitioner's Divorce Packet (SCA-FC-100), Petition for Divorce (SCA-FC-101), and related pleadings. Additional family court forms cover petitions for custody, support, paternity, and guardianship.
Domestic Violence Protective Orders
Emergency and temporary protective orders can be initiated through the Jefferson County Magistrate Court. The Magistrate Court website provides specific information on Emergency Protective Orders, Temporary Emergency Protective Orders, and Temporary Personal Safety Orders. Final protective orders and appeals are handled by the Circuit Court. There is no filing fee for protective order petitions.
Adoption and Guardianship
Adoption proceedings and guardianships for both juveniles and adults are filed through the Circuit Clerk. Adoption records are sealed upon finalization and are not part of the public record. Guardianship files are generally open for inspection, though records involving minors may be restricted.
Marriage Licenses
Marriage licenses in Jefferson County are issued by the County Clerk's Office at 393 North Lawrence Street, Charles Town. Both applicants must appear in person with valid identification and Social Security numbers. The standard license fee is $57, reduced to $37 if both applicants present a premarital education course completion certificate dated within one year. Licenses are effective immediately, valid for 60 days, and usable only within West Virginia. Copies of marriage certificates cost $5 each from the County Clerk. Certified marriage certificates may also be ordered from the West Virginia Department of Health and Human Resources using the Application for Certified Marriage Certificate Form at a cost of $12 per copy.
Birth and Death Records
The County Clerk's Vital Statistics Office at 393 North Lawrence Street maintains Jefferson County birth and death records. Birth records are closed for 100 years and death records for 50 years after the event; during those periods, only eligible persons — the adult subject, relatives, or legal representatives — may obtain copies. Certified copies cost $5 each from the County Clerk. These records may also be obtained from the state Vital Registration Office using the appropriate Certificate Request Form at $12 per copy, mailed to 350 Capitol Street, Room 165, Charleston, WV 25301-3701, or requested by phone at (877) 448-3953.
Jefferson County Probate Court Records
West Virginia does not have a separate probate court. In Jefferson County, probate is administered by the County Clerk's Probate Office, while the Circuit Court handles contested estate matters, will contests, and related litigation.
Probate Office Contact
Joseph Burwell, Deputy Probate Clerk
Phone: (304) 728-3210
Email: joseph.d.burwell@jeffcowv.gov
Amanda Kemp, Deputy Probate Clerk
Phone: (304) 728-3230
The Probate Office is located within the Jefferson County Clerk's Office at 393 North Lawrence Street, Charles Town, WV 25414. Appointments are recommended so you can prepare all necessary documents in advance.
Opening an Estate With a Will (Testate)
To probate a testate estate, bring the following to your appointment:
- A death certificate (certified copy if the decedent died out of state; a regular copy if in West Virginia)
- The original last will and testament and any codicils (the clerk retains the original)
- Names and mailing addresses of all beneficiaries named in the will
- The approximate value of all personal property held solely in the decedent's name (excluding real estate)
- Payment of fees, typically between $80 and $100
If the will is not notarized, witness affidavits must be completed. Unless the will waives bond, a surety bond is required when there is more than one beneficiary. West Virginia residents may post a property bond (backed by real estate in the state) or purchase a corporate surety bond from a licensed insurance agent. Non-residents must obtain a corporate surety bond. A printable Appointment Checklist — Testate is available on the county website.
Opening an Estate Without a Will (Intestate)
When no will exists, the process is similar but with additional requirements:
- If there is a sole heir, appointment can occur immediately after death
- If there are multiple heirs, a 30-day waiting period applies unless all other heirs provide signed, notarized consent forms
- A surety bond is always required in intestate estates
- Fees typically run between $80 and $100, with additional bonding costs
The Appointment Checklist — Intestate outlines all required documentation.
Small Estates
Estates with total personal property under $50,000 and no probatable real estate may qualify for simplified small estate administration. The waiting period is 30 days after death if a will exists, or 60 days if there is no will. Fees typically range from $14 to $50. The County Clerk provides three relevant forms:
Additional Probate Forms
The Probate Office also makes these forms available online:
Searching Probate Records
Probate files maintained by the County Clerk — including wills, inventories, appraisements, and letters of appointment — are public records and can be inspected during business hours at 393 North Lawrence Street. The Document Inquiry System may also contain certain recorded documents related to estate proceedings. For records of contested probate matters, guardianship disputes, or will contests heard by the Circuit Court, contact the Circuit Clerk at (304) 728-3231.