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Kanawha County Public Records

What Are Public Records in Kanawha County?

Public records in Kanawha County are defined according to the West Virginia Freedom of Information Act, specifically under §29B-1-2, as "any writing containing information prepared or received by a public body, the content or context of which relates to the conduct of the public's business." These records document official government activities and are maintained by various county offices for public access and transparency.

Kanawha County maintains numerous types of public records, including:

  • Court Records: Civil, criminal, family, and probate cases processed through the Kanawha County Circuit Court and magistrate courts. These include case filings, judgments, and court orders.
  • Property Records: Deeds, mortgages, liens, easements, and property assessments maintained by the County Clerk's office and accessible through the WV Property Viewer.
  • Vital Records: Birth certificates, death certificates, marriage licenses, and divorce decrees. While the County Clerk maintains marriage records, most vital records are managed by the West Virginia Department of Health and Human Resources.
  • Business Records: Business licenses, permits, fictitious name registrations (DBAs), and other commercial filings maintained by the County Clerk.
  • Tax Records: Property tax assessments, payments, and delinquencies managed by the Sheriff's Tax Office and County Assessor.
  • Voting and Election Records: Voter registration data, election results, and campaign finance reports maintained by the Kanawha County Clerk.
  • Meeting Minutes and Agendas: Official proceedings of the Kanawha County Commission, planning commission, and other public boards.
  • Budget and Financial Documents: County expenditures, financial statements, and audit reports overseen by the County Commission and available through the West Virginia State Auditor's Office.
  • Law Enforcement Records: Certain arrest records, incident reports, and active warrants available through the Kanawha County Sheriff's Office.
  • Land Use and Zoning Records: Planning documents, zoning maps, and building permits maintained by the Planning Department.
  • School Records: Public information about Kanawha County Schools, including board minutes, policies, and non-confidential administrative records.

The primary custodian for many county records is the Kanawha County Clerk's office, which maintains land records, marriage licenses, business filings, and election information.

Is Kanawha County an Open Records County?

Kanawha County adheres to the West Virginia Freedom of Information Act (FOIA), codified under §29B-1-3, which establishes the public's right to access government records. This statute explicitly states that "every person has a right to inspect or copy any public record of a public body in this state," establishing a presumption of openness for government documents.

The West Virginia FOIA applies uniformly across all counties in the state, including Kanawha County. Under this law, public bodies must respond to records requests within a maximum of five business days, though they may request additional time for complex requests. The statute further requires that "the public body shall make the requested information available as soon as is practicable and reasonable."

Kanawha County government offices comply with these state transparency requirements and have established procedures for processing public records requests. The county follows the state's "sunshine laws" which require that most government meetings be open to the public, with proper notice given in advance.

While Kanawha County does not have a separate county-specific public records ordinance that supersedes state law, individual departments may have specific policies regarding the processing of records requests. These departmental policies must conform to the minimum requirements established by state law and cannot restrict access beyond what is permitted by the West Virginia FOIA.

The county's commitment to transparency is further demonstrated through its online resources, where many records are made available through the county's official website and various departmental portals.

How to Find Public Records in Kanawha County in 2026

Members of the public seeking records in Kanawha County may utilize several methods to locate and obtain the information they need:

  1. Visit the appropriate county office in person:

    • For property records, marriage licenses, and business filings, visit the Kanawha County Clerk's office.
    • For court records, visit the Circuit Clerk's office or the appropriate magistrate court.
    • For tax and assessment records, visit the Sheriff's Tax Office or County Assessor.

  2. Submit a written request:

    • Prepare a written request clearly identifying the specific records sought.
    • Submit the request to the appropriate county department that maintains the records.
    • Include contact information for follow-up questions or clarification.
    • Requests may be submitted by mail, email, or in person, depending on the department's procedures.

  3. Utilize online resources:

  4. Contact the records custodian by telephone:

    • Call the appropriate department to inquire about record availability.
    • Request guidance on the most efficient method to obtain specific records.
    • Verify any requirements for obtaining records before visiting in person.

For complex requests or when uncertain which office maintains specific records, contacting the Kanawha County Clerk's office is recommended as they can provide guidance on locating various types of county records.

When making requests, it is advisable to be as specific as possible about the records sought, including relevant dates, names, and document types to facilitate efficient processing by county staff.

How Much Does It Cost to Get Public Records in Kanawha County?

Kanawha County charges fees for public records in accordance with West Virginia Code §29B-1-3(5), which permits public bodies to establish reasonable fees for the actual cost of reproduction. The current fee structure for various records includes:

  • Photocopies: $0.25 per page for standard black and white copies
  • Certified Copies: $1.50 per document plus copy fees
  • Marriage Licenses: $56.00 for the license
  • Deed Recordings: $15.00 for the first five pages, $1.00 for each additional page
  • Birth/Death Certificates: $12.00 per certified copy (through State Vital Registration)
  • Court Records: $1.00 per page for copies from Circuit Court
  • Maps and Plats: $5.00 to $25.00 depending on size and complexity
  • Digital Records: $10.00 per CD/DVD when electronic copies are provided on media

Additional fees may apply for:

  • Extensive research requiring more than 15 minutes of staff time ($25.00 per hour)
  • Specialized document reproduction (large format, color copies)
  • Expedited processing when available

Accepted payment methods include:

  • Cash (in-person requests only)
  • Personal checks (made payable to the specific county office)
  • Money orders
  • Credit/debit cards (subject to a processing fee at some offices)
  • Electronic payments for certain online services

The standard fees apply to most routine requests. However, pursuant to §29B-1-3(5)(C), fees may be waived if the request is deemed to be in the public interest and the requesting party demonstrates an inability to pay. Additionally, certain requestors such as government agencies, veterans seeking records for benefits claims, and indigent individuals may qualify for fee waivers under specific circumstances.

For large or complex requests that require substantial staff time or resources, the county may provide a cost estimate before proceeding with the request.

Does Kanawha County Have Free Public Records?

Kanawha County provides several avenues for accessing public records at no cost:

Free in-person inspection of public records is available during regular business hours at the appropriate county office, as guaranteed by West Virginia Code §29B-1-3(3), which states that "all persons are entitled to access to public records for the purpose of inspection, copying, or otherwise reproducing such records." While copying fees may apply, viewing the records in person is free of charge.

Several online resources provide free access to certain public records:

Additionally, certain records may be provided without charge when:

  • The request is from another government agency for official purposes
  • The request is minimal in scope (e.g., a single document)
  • The request serves a public interest and the requestor demonstrates financial hardship
  • The records are proactively published by the county for public information

While inspection is free, requestors should note that fees typically apply for obtaining copies of records, whether physical or digital, as outlined in the county's fee schedule.

Who Can Request Public Records in Kanawha County?

Under West Virginia Code §29B-1-3(1), "every person has a right to inspect or copy any public record of a public body in this state," establishing broad eligibility for accessing public records in Kanawha County. This inclusive language means:

  • Requestors do not need to be West Virginia residents or Kanawha County residents
  • Citizenship status is not a factor in determining eligibility to request records
  • Individuals, organizations, businesses, media outlets, and government entities may all request records
  • Requestors generally do not need to state a reason or purpose for their request
  • Identification is typically not required for most general records requests

However, certain limitations and requirements do exist:

  • For sensitive or restricted records, identification may be required to verify eligibility for access
  • Requests for vital records (birth, death certificates) require proof of identity and often demonstration of a direct interest
  • Access to certain court records may be limited to parties involved in the case
  • Records related to ongoing investigations may have restricted access
  • Juvenile records are generally confidential and have strict access limitations

When requesting records about oneself versus records about others:

  • Requests for one's own records generally require identity verification
  • Requests for records about other individuals may be subject to privacy protections and redactions
  • Medical, personnel, and certain personal information about others may be restricted

The county may not deny access to records based on:

  • The requestor's purpose or intended use of the information (with limited exceptions)
  • The requestor's identity, occupation, or affiliation
  • The belief that the request is burdensome or inconvenient

All requests are processed in accordance with the West Virginia Freedom of Information Act, which establishes the presumption that records are open unless specifically exempted by law.

What Records Are Confidential in Kanawha County?

While West Virginia's Freedom of Information Act establishes a presumption of openness for public records, §29B-1-4 specifically exempts certain categories of records from disclosure. In Kanawha County, the following types of records are generally considered confidential:

  • Sealed Court Records: Cases that have been expunged or sealed by court order, including certain resolved criminal matters.

  • Juvenile Records: Court proceedings, law enforcement records, and social service files involving minors, except in limited circumstances authorized by law.

  • Ongoing Investigations: Records pertaining to active law enforcement investigations, pending prosecutions, or ongoing regulatory inquiries.

  • Personal Identifying Information: Social Security numbers, driver's license numbers, financial account information, and other personal identifiers contained within otherwise public records.

  • Medical Records: Health information protected under HIPAA and state medical privacy laws, including mental health and substance abuse treatment records.

  • Adoption Records: Files related to adoption proceedings, which remain sealed except through specific court procedures.

  • Child Welfare Records: Child protective services investigations, foster care records, and other documents related to child welfare matters.

  • Personnel Records: Employee evaluations, disciplinary actions, and personal information about public employees, though certain employment information remains public.

  • Trade Secrets: Proprietary business information, trade secrets, and confidential commercial data submitted to government agencies.

  • Security Information: Infrastructure details, security plans, computer network information, and other data that could compromise public safety if disclosed.

  • Attorney-Client Communications: Legal advice and communications between government agencies and their attorneys.

  • Educational Records: Student records protected under FERPA, though certain directory information may be public.

  • Tax Return Information: Individual and business tax returns and related financial disclosures.

  • Deliberative Process Materials: Preliminary drafts, notes, and recommendations that precede final agency decisions.

When a record contains both exempt and non-exempt information, the county will typically redact the confidential portions and release the remainder, in accordance with §29B-1-4(e), which states that "information that is exempt from disclosure under the provisions of this article may be deleted from the public record before it is disclosed."

The determination of confidentiality is subject to the balancing test established in West Virginia case law, weighing the public interest in disclosure against privacy interests and potential harm from release.

Kanawha County Recorder's Office: Contact Information and Hours

Kanawha County Clerk's Office
407 Virginia Street East
Charleston, WV 25301
(304) 357-0130
Kanawha County Clerk

Hours of Operation:
Monday through Friday: 8:00 AM to 5:00 PM
Closed on weekends and county-observed holidays

Services Provided:

  • Recording of deeds, mortgages, liens, and other land records
  • Marriage license applications and records
  • Notary public commissions
  • Business registration and fictitious name filings
  • Voter registration and election administration
  • Passport application processing (by appointment)
  • County Commission records

Kanawha County Circuit Clerk's Office
111 Court Street
Charleston, WV 25301
(304) 357-0400
West Virginia Judiciary

Hours of Operation:
Monday through Friday: 8:30 AM to 4:30 PM
Closed on weekends and state-observed holidays

Services Provided:

  • Circuit court case filings and records
  • Jury management
  • Court fee collection
  • Maintenance of court orders and judgments

Kanawha County Assessor's Office
407 Virginia Street East, Room 206
Charleston, WV 25301
(304) 357-0250
Kanawha County Assessor

Hours of Operation:
Monday through Friday: 8:00 AM to 5:00 PM
Closed on weekends and county-observed holidays

Services Provided:

  • Property assessments and valuations
  • Tax maps and parcel information
  • Homestead exemption applications
  • Personal property tax assessments

Lookup Public Records in Kanawha County

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