Marion County Court Records Search
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Marion County lies in north-central West Virginia, with Fairmont as its county seat. The county’s judicial system falls within the Twentieth Judicial Circuit for circuit court matters and the Nineteenth Family Court Circuit for domestic relations proceedings. Courts operating in the county include the Circuit Court, Magistrate Court, Family Court, and several municipal courts serving communities such as Fairmont, Mannington, Barrackville, and White Hall. Case records generated across these courts encompass criminal prosecutions, civil disputes, family law proceedings, probate filings, and municipal ordinance violations.
West Virginia offers several pathways for searching court records, ranging from in-person visits to clerk offices to statewide electronic databases maintained by the judiciary. The West Virginia Public Access Search System (WVPASS) provides remote access to circuit court documents, while the Magistrate Case Record Search covers magistrate-level proceedings across all 55 counties. Court record information for West Virginia may also be located through WestVirginiaCourts.us. For Marion County specifically, the Circuit Clerk’s office in Fairmont is the principal custodian for circuit, family, and certain probate-related court filings, while the County Clerk’s office handles vital records, estate probate, and recorded instruments.
How to Look Up a Court Case in Marion County?
Several search methods are available depending on the type of case and level of detail needed.
Online Searches
The West Virginia Judiciary maintains two primary online search portals accessible through the Court Record Access landing page:
- WVPASS (West Virginia Public Access Search System): Covers circuit court records from all 55 counties, with publicly available documents dating back to 1999. Users can search by party name, case number, or attorney. Documents may be viewed at $0.25 per page, plus a card-processing fee. Attorneys of record have free access to their own case files.
- Magistrate Case Record Search (mcrsearch.courtswv.gov): Allows the public to look up magistrate court case information by name or case number, returning up to 30 results per search.
The West Virginia E-File system also permits registered users to file documents electronically in circuit and family courts and to view filings associated with their cases.
In-Person Searches
Court records can be examined at the offices listed below during regular business hours. Public terminals and staff assistance are available for searching case indexes.
Marion County Circuit Clerk’s Office
Address: 219 Adams Street, Room 211, Fairmont, WV 26554
Phone: (304) 367-5360
Fax: (304) 367-5374
Hours: Monday–Friday, 8:30 AM–4:30 PM
The Circuit Clerk’s office handles different case types through dedicated phone lines:
| Division | Phone Number |
|---|---|
| Criminal Cases | (304) 367-5364 |
| Civil Cases | (304) 333-7726 |
| Family Court | (304) 333-7716 |
| Petitions (Expungement, Name Change, Adoption) | (304) 367-5361 |
| Juvenile | (304) 367-5373 |
| Guardianship/Conservatorship, Mental Hygiene | (304) 333-7726 |
| Chancery Files | (304) 367-5368 |
Marion County Clerk’s Office
Address: 219 Adams Street, P.O. Box 1267, Fairmont, WV 26554
Phone: (304) 367-5440
Hours: Monday–Friday, 8:30 AM–4:30 PM
The County Clerk’s office also provides access to recorded documents — including deeds, mortgages, liens, estate records, and marriage records — through its IDX Search online portal.
By Mail
Written record requests may be sent to the appropriate clerk’s office at the addresses above. Each request should include the full names of the parties involved, the case number (if known), a description of the documents needed, and a self-addressed stamped envelope. Payment for applicable copy fees must accompany the request. Checks or money orders should be made payable to “Marion County Circuit Clerk” or “Marion County Clerk” as appropriate.
Are Court Records Public in Marion County?
Court records in Marion County are presumed to be public documents. The West Virginia Freedom of Information Act (WV Code § 29B-1-3) guarantees every person the right to inspect or copy public records maintained by a public body, including court clerks. Record custodians must respond to requests within a reasonable time and may charge fees to cover the cost of copying.
Records Generally Open to the Public
Most filings in criminal, civil, family, and probate proceedings are publicly accessible. This includes complaints, answers, motions, orders, judgments, sentencing records, docket sheets, wills admitted to probate, and estate settlement documents. These records can be inspected at the clerk’s offices, requested by mail, or accessed through the online portals described above.
Records That Are Restricted
The FOIA exemptions under WV Code § 29B-1-4 and other state statutes authorize courts and clerks to restrict access to certain categories of records:
- Personal identifiers: Social Security numbers, bank account numbers, passwords, and similar sensitive data are shielded from public disclosure.
- Juvenile records: Court proceedings involving minors are generally confidential.
- Adoption records: Sealed by operation of law and accessible only by court order or to authorized parties.
- Mental health records: Proceedings under West Virginia’s mental hygiene statutes contain protected medical and personal information.
- Expunged and sealed records: Cases sealed or expunged by court order are removed from public access.
- Vital records: Birth, death, and marriage certificates are not open public records in West Virginia. Under WV Code § 16-5-27, access to vital records is restricted to eligible individuals such as the registrant, immediate family members, legal representatives, and those with court orders.
Individuals who believe a record has been improperly withheld may file a complaint under the FOIA or petition the court directly for access.
Marion County Criminal Court Records
Criminal matters in Marion County are handled by the Circuit Court (felonies and serious misdemeanors), the Magistrate Court (misdemeanors, preliminary hearings, and warrants), and the various municipal courts (ordinance violations and minor offenses). The Circuit Court operates from the Marion County Courthouse in Fairmont, while the Magistrate Court is located in the adjacent Jackson Street building.
Circuit Court (Criminal Division)
Marion County Circuit Court
Address: 219 Adams Street, Room 220, Fairmont, WV 26554
Phone: (304) 367-5395
Fax: (304) 367-5376
Criminal Cases Line: (304) 367-5364
Criminal case records — including indictments, informations, plea agreements, sentencing orders, and probation records — are maintained by the Circuit Clerk. These can be searched online through WVPASS or requested at the Circuit Clerk’s office. Copy fees are $1.00 per page for photocopies and $2.00 per page for faxed documents.
Magistrate Court
Marion County Magistrate Court
Address: 200 Jackson Street, Room 211, Fairmont, WV 26554
Clerk: Alicia Harker
Phone: (304) 367-5330
Fax: (304) 367-5336
Four magistrates serve Marion County: Carrie Biddle ((304) 367-5350), Melissa Pride Linger ((304) 367-5340), Todd Rundle ((304) 367-5340), and Brian L. Shuck ((304) 367-5350). Case records from the Magistrate Court can be searched using the statewide Magistrate Case Record Search.
Criminal Background Checks
Statewide criminal history records in West Virginia are maintained by the Criminal Identification Bureau of the West Virginia State Police. Under WV Code § 15-2-24, criminal background checks require a written, signed authorization and must be processed through IdentoGO, the State Police’s licensed fingerprinting vendor. To schedule a fingerprint-based background check, contact IdentoGO at (855) 766-7746. The West Virginia State Police Criminal Records Section can be reached at (304) 746-2418.
Marion County Sheriff’s Office
For local arrest records, incident reports, and warrant information, contact the Sheriff’s Office:
Marion County Sheriff’s Office – Law Enforcement Division
Address: 316 Monroe Street, Jacobs Building, 1st Floor, Fairmont, WV 26554
Phone: (304) 367-5300
Records & Permits: (304) 367-5307
Fax: (304) 367-5304
Hours: Monday–Friday, 8:30 AM–4:30 PM
Bond Fees
The Circuit Clerk’s office processes bond postings. Under the current fee schedule, criminal bond posting costs $25.00. Bail piece processing costs $10.00 and requires identification and an in-person visit.
Marion County Civil Court Records
Civil disputes in Marion County are divided between the Circuit Court and the Magistrate Court based on the amount in controversy. The Circuit Court exercises jurisdiction over civil cases exceeding $10,000, as well as equity matters, foreclosures, and appeals. The Magistrate Court handles civil claims of $10,000 or less.
Filing Fees
The Marion County Circuit Clerk’s office publishes a fee chart listing current civil filing costs:
| Filing Type | Fee |
|---|---|
| General Civil/Petition Case | $200.00 (plus $15.00 per additional defendant) |
| Counterclaim, Cross-Claim, Third-Party Complaint, or Motion to Intervene | $200.00 |
| Medical Professional Liability Action | $400.00 |
| Guardianship/Conservatorship | $110.00 |
| Removal of Magistrate Court Case to Circuit Court | $200.00 |
| Appeal of Magistrate Court Case to Circuit Court | $200.00 |
| Writ of Execution | $25.00 (plus $30.00 for Sheriff service) |
| Abstract of Judgment | $5.00 |
Document Copy Fees
| Copy Type | Fee |
|---|---|
| Photocopies | $1.00 per page |
| Fax copies | $2.00 per page (limit 20 pages) |
| Duplicate recordings on CD | $5.00 per disc |
Searching Civil Records
Civil case records can be located through WVPASS for circuit court matters and through the Magistrate Case Record Search for magistrate-level claims. In-person requests can be directed to the Circuit Clerk’s civil division at (304) 333-7726. Electronic filing and retrieval are available through WV E-File for registered users.
Property Records
Real property documents are recorded with the Marion County Clerk and can be searched online through IDX Search. The Marion County Assessor’s Office maintains a separate property data search tool covering assessment records, ownership information, and parcel details:
Marion County Assessor’s Office
Address: 200 Jackson Street, Fairmont, WV 26554
Phone: (304) 367-5410
Fax: (304) 366-6532
The Assessor’s Property Record Search allows lookups by owner name, parcel address, district, or map and parcel number.
Marion County Family Court Records
Family law matters in Marion County are adjudicated by the Family Court of the Nineteenth Family Court Circuit. The Family Court handles divorce and annulment, child custody and visitation, child support establishment and modification, domestic violence petitions, infant guardianship, and adult financial exploitation proceedings. The court sits in the Marion County Courthouse.
Marion County Family Court
Address: 219 Adams Street, Room 306, Fairmont, WV 26554
Phone: (304) 367-2760
Fax: (304) 367-2782
Circuit Clerk Family Court Line: (304) 333-7716
Family Court Filing Fees
| Filing Type | Fee |
|---|---|
| Divorce | $135.00 |
| Child Support / Child Custody / Minor Guardianship | $200.00 |
| Modification of Family Court Order | $85.00 |
| Expedited Child Support Modification | $35.00 |
| Mandatory Parent Education Class | $25.00 |
Service fees are separate and depend on the method used: certified restricted mail costs $20.00, personal service by the Sheriff costs $25.00, and service through the Secretary of State costs $25.00 ($20.00 payable to the Secretary of State and $5.00 to the Circuit Clerk).
Divorce Forms and Self-Help Resources
The West Virginia Judiciary provides standardized divorce and family court forms through its website. Petitioners and respondents can download packets from the Divorce Forms page, which includes instructions (Form SCA-FC-100), the Petition for Divorce (SCA-FC-101), financial statements, and related documents. Additional Family Court Forms cover custody, visitation, child support, and domestic violence matters. Legal Aid of West Virginia also offers guided self-help tools for preparing divorce and custody modification paperwork.
Marriage Records
Marriage licenses in Marion County are issued by the County Clerk’s office. Appointments are required and can be scheduled by calling (304) 367-5452, (304) 367-5453, or (304) 367-5454. Applicants must present proof of age (driver’s license or birth certificate), provide their mother’s maiden name and parents’ birth states, and disclose any prior marriages. The fee is $37.00 with proof of premarital counseling or $57.00 without. Licenses are valid for 60 days and may only be used within West Virginia.
To obtain a certified copy of a marriage certificate, requesters may contact the Marion County Record Room or submit the Application for Certified Copies of Vital Records with a government-issued photo ID and the $5.00 statutory fee. At the state level, certified copies are available from the West Virginia Vital Registration Office for $12.00 per copy.
Birth and Death Records
Birth and death certificates can be obtained from the Marion County Clerk’s Record Room. Requests are accepted in person or by mail using the same vital records application form, accompanied by photo ID and a $5.00 fee per record. The Record Room can be reached at:
Marion County Clerk’s Record Room
Address: 219 Adams Street, Fairmont, WV 26554
Phone: (304) 367-5452 / (304) 367-5453 / (304) 367-5454
Email: records@marioncountywv.com
Hours: Monday–Friday, 8:30 AM–4:30 PM
Vital records in West Virginia are not open to unrestricted public access. Under WV Code § 16-5-27, only eligible individuals — including the registrant (if of legal age), parents, siblings, spouses, grandparents, grandchildren, legal representatives, and persons with court orders — may obtain certified copies.
State-level copies are also available from the West Virginia Department of Health Vital Registration Office using the appropriate birth certificate request form or death certificate request form, at $12.00 per copy.
Marion County Probate Court Records
West Virginia does not have a separate probate court. In Marion County, the County Clerk serves as the fiduciary supervisor responsible for the initial qualification of executors and administrators, while the Circuit Court exercises jurisdiction over contested matters and certain guardianship proceedings. Probate-related filings are maintained by both the County Clerk’s office and the Circuit Clerk’s office.
Opening an Estate
Individuals seeking to probate a will or administer an estate must schedule an appointment with the County Clerk’s office by calling (304) 367-5440. At the appointment, the applicant must present the original will (if one exists), the decedent’s Social Security number, date and time of death, an estimate of all assets (probate and non-probate), descriptions and values of any West Virginia real estate, and the names and addresses of all heirs. The County Clerk’s office has published a detailed Procedures for Probating Estates guide outlining each step of the process.
Probate Fees
Fees collected at the time of qualification are based on the gross value of the estate:
| Gross Estate Value | Fiduciary Fund Fee |
|---|---|
| $0–$10,000 | $25.00 |
| $10,001–$50,000 | $100.00 |
| Over $50,000 | $175.00 |
Additional costs of approximately $60.00 apply at the time of qualification for recording and Clerk publications. The Fiduciary Supervisor charges a $20.00 publication fee for the required creditor notice advertisements. The recording fee for the Waiver and Short Form Settlement is $17.00 (with $1.00 per page beyond five pages).
Bond Requirements
Unless the will specifically waives surety, the executor or administrator must post bond at the time of qualification. Surety may be provided by a friend or relative who owns West Virginia real estate (both joint owners must appear if property is jointly held) or through a corporate surety bonding company, with costs starting at $100.00 and scaling with the value of probate assets.
Searching Probate Records
Probate documents — including wills, letters testamentary, letters of administration, appraisements, inventories, and settlement records — can be located through several methods:
- Online: The County Clerk’s IDX Search tool provides access to recorded probate instruments.
- In person: Visit the County Clerk’s office at 219 Adams Street, Fairmont, WV 26554 during business hours (Monday–Friday, 8:30 AM–4:30 PM). Probate appointments are required; call (304) 367-5440.
- By mail: Send a written request to the County Clerk’s office including the decedent’s name, date of death, and any known case or estate number, along with payment for copy fees.
- Circuit Clerk: For guardianship, conservatorship, and contested probate matters filed in circuit court, contact the Circuit Clerk at (304) 333-7726.
The Fiduciary Supervisor’s office handles questions about estate administration status and can be reached at (304) 367-5489.