Monongalia County Public Records
What Are Public Records in Monongalia County?
Public records in Monongalia County are defined according to the West Virginia Freedom of Information Act § 29B-1-2, which states that public records include "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 are maintained by various county departments and are generally accessible to the public upon request.
Monongalia County maintains numerous types of public records, including:
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Court Records: Civil, criminal, probate, and family court records are maintained by the Monongalia County Circuit Court. The county is part of the Twenty-First Judicial Circuit, and family court matters are handled within the Twentieth Family Court Circuit.
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Property Records: Deeds, mortgages, liens, and property assessments are maintained by the County Clerk's Office. Property boundaries and parcel information can be viewed through the West Virginia Property Viewer system.
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Vital Records: Birth, death, marriage, and divorce certificates are maintained by the County Clerk's Office, though some older vital records may be available through the West Virginia Department of Health and Human Resources.
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Business Records: Business licenses, permits, and fictitious name registrations (doing business as) are maintained by the County Clerk's Office.
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Tax Records: Property tax information and assessment records are maintained by the County Assessor's Office and Sheriff's Tax Office.
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Voting and Election Records: Voter registration and election results are maintained by the County Clerk's Office, which serves as the chief election officer for the county.
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Meeting Minutes and Agendas: Records of Monongalia County Commission meetings, including minutes and agendas, are maintained by the County Clerk's Office.
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Budget and Financial Documents: County financial records, budgets, and expenditure reports are maintained by the County Commission and County Clerk's Office.
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Law Enforcement Records: Certain law enforcement records, including arrest logs and incident reports (where permitted by law), are maintained by the Monongalia County Sheriff's Office.
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Land Use and Zoning Records: Planning, zoning, and land use records are maintained by the County Planning Office.
Each type of record is maintained by the respective county department responsible for its creation and maintenance, with the County Clerk serving as the primary custodian for many official records.
Is Monongalia County an Open Records County?
Monongalia County adheres to the West Virginia Freedom of Information Act (FOIA), codified under West Virginia Code § 29B-1-1 et seq. This state law establishes that "every person has a right to inspect or copy any public record of a public body in this state, except as otherwise expressly provided by section four of this article."
The West Virginia FOIA explicitly states in § 29B-1-1 that "the public policy of this state is that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees."
Monongalia County government offices comply with these state transparency requirements and maintain procedures for processing public records requests in accordance with state law. The county does not have separate county-specific ordinances that supersede state law regarding public records access.
The county also complies with the West Virginia Open Governmental Proceedings Act, commonly known as the "Sunshine Law," codified under West Virginia Code § 6-9A-1 et seq., which requires that meetings of public agencies be open to the public, with limited exceptions.
All county departments and agencies are required to respond to public records requests within the timeframe established by state law, which is generally five business days. Agencies must either provide the requested records, deny the request with a written explanation citing specific exemptions, or request an extension if additional time is needed to fulfill the request.
How to Find Public Records in Monongalia County in 2026
Members of the public seeking access to Monongalia County records may utilize several methods to locate and obtain these documents. The following procedures are currently in effect for accessing public records:
In-Person Requests:
- Identify the appropriate county department that maintains the desired records.
- Visit the department during regular business hours.
- Complete a public records request form, which is available at most county offices.
- Provide specific information about the records being sought to facilitate retrieval.
- Present identification if required for certain record types (such as vital records).
Online Access:
- Visit the Monongalia County website for digitally available records.
- Access court records through the West Virginia Judiciary website, which provides information about Monongalia County court cases.
- Search property records using the West Virginia Property Viewer for parcel and property assessment information.
- Check for magistrate court records through the West Virginia Judiciary's online search tools.
- Review inmate information through the West Virginia Regional Jail Authority's online database.
Written Requests:
- Prepare a written request clearly identifying the specific records sought.
- Include contact information for follow-up questions or clarification.
- Submit the request to the appropriate county department by mail, email, or fax.
- Reference the West Virginia Freedom of Information Act in the request.
- Specify the preferred format for receiving the records (paper copies, electronic files, etc.).
Under West Virginia law, agencies must respond to requests within five business days. This response may include providing the records, denying the request with a written explanation, or requesting additional time to fulfill the request.
For specialized records such as those maintained by the Monongalia County Prosecuting Attorney, requestors may need to follow specific protocols established by that office.
How Much Does It Cost to Get Public Records in Monongalia County?
Monongalia 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 obtaining public records in Monongalia County is as follows:
Standard Copy Fees:
- Paper copies: $0.25 per page for standard letter/legal size documents
- Large format documents (maps, plats, etc.): $5.00 per page
- Certified copies: $5.00 per document plus copy fees
Electronic Records:
- Records provided via email: No charge for the electronic transmission (copy fees may apply for scanning)
- Records provided on CD/DVD: $5.00 per disc plus staff time for compilation
- Records provided on USB drive: $10.00 per drive plus staff time for compilation
Search and Retrieval Fees:
- Staff time for records requiring extensive search or redaction: $25.00 per hour after the first hour (first hour is typically free)
Specialized Record Fees:
- Marriage licenses: $56.00
- Birth certificates: $12.00 per copy
- Death certificates: $12.00 per copy
- Deed recordings: $15.00 for first five pages, $1.00 for each additional page
- Court records: Varies by document type and length
Accepted payment methods include cash, check, money order, and credit/debit cards at most county offices. Some departments may have limited payment options. Credit card payments may incur an additional processing fee.
Fee waivers may be granted when disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of government operations and is not primarily in the commercial interest of the requester. Requests for fee waivers must be submitted in writing with justification.
All fees are subject to change and may be updated by county departments in accordance with state law and county policies.
Does Monongalia County Have Free Public Records?
Monongalia County provides free inspection of most public records in accordance with West Virginia Code § 29B-1-3, which states that "every person has a right to inspect or copy any public record." While copying fees may apply, the inspection of records is generally available at no cost during regular business hours.
The following free public record resources are currently available:
Free In-Person Inspection:
- County Commission meeting minutes and agendas may be inspected at the County Clerk's Office without charge
- Property assessment records may be viewed at the County Assessor's Office
- Court dockets and case indexes may be reviewed at the Circuit Clerk's Office
- Voter registration information (non-confidential portions) may be inspected at the County Clerk's Office
Free Online Resources:
- The Monongalia County website provides access to various public documents including meeting agendas, budgets, and county ordinances
- The West Virginia Judiciary website offers free access to court calendars and basic case information
- The West Virginia Property Viewer provides free access to property parcel information and maps
- The Monongalia County Sheriff's Office website includes public safety information and certain law enforcement data
- The West Virginia Regional Jail Authority maintains a free inmate lookup database
Members of the public should note that while inspection is free, reproduction costs apply when copies are requested. Additionally, certain specialized searches requiring significant staff time may incur research fees as permitted by state law.
Government agencies may also waive fees for records requests when the disclosure is in the public interest and the request is not primarily for commercial purposes, though such waivers are discretionary and evaluated on a case-by-case basis.
Who Can Request Public Records in Monongalia County?
Under the West Virginia Freedom of Information Act § 29B-1-3, "every person has a right to inspect or copy any public record of a public body in this state," with limited exceptions. This broad eligibility extends to all individuals regardless of citizenship or residency status.
Eligibility Requirements:
- Requestors do not need to be residents of Monongalia County or West Virginia
- Requestors do not need to provide identification for most general public records
- Requestors are not required to state a purpose or reason for their request for most records
- Requestors may remain anonymous for certain record types, though providing contact information is necessary for processing requests
Special Considerations:
- Certain sensitive records, such as vital records (birth, death, marriage certificates), require proper identification and may have relationship requirements
- Requestors seeking access to their own confidential records (such as medical or certain personnel records) must provide identification to verify their identity
- Records related to child support enforcement may only be accessible to parties directly involved in the case
- Commercial requestors have the same rights of access as other requestors, though different fee structures may apply for large volume or commercial requests
Requesting on Behalf of Others:
- Attorneys may request records on behalf of clients with proper documentation
- Parents or legal guardians may request records on behalf of minor children
- Individuals with power of attorney may request records on behalf of the principal
- Executors or administrators may request records of deceased individuals
The right to access public records applies equally to individuals, organizations, businesses, media outlets, and government agencies. However, the West Virginia FOIA does contain exemptions that may limit access to certain types of information regardless of who is making the request.
What Records Are Confidential in Monongalia County?
Certain records in Monongalia County are exempt from public disclosure in accordance with West Virginia Code § 29B-1-4, which establishes specific categories of information that are confidential. These exemptions protect privacy, security, and other important interests while balancing the public's right to information.
The following record types are generally considered confidential:
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Personal Privacy Information: Records containing personal information such as Social Security numbers, driver's license numbers, financial account information, and medical records are protected under both state law and federal laws like HIPAA.
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Juvenile Records: Court records involving minors are confidential pursuant to West Virginia Code § 49-5-101, with limited exceptions for certain serious offenses.
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Ongoing Investigations: Records pertaining to active law enforcement investigations, including those maintained by the Monongalia County Sheriff's Office and Prosecuting Attorney, are exempt until the investigation is complete.
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Attorney-Client Communications: Legal advice and communications between county officials and their attorneys are protected by attorney-client privilege.
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Personnel Records: Employee personnel files containing performance evaluations, disciplinary actions, and personal information are generally confidential, though certain information such as job titles and salaries is public.
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Adoption Records: Records related to adoptions are sealed by court order and accessible only through specific legal procedures.
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Child Welfare Records: Records maintained by child protective services agencies are confidential to protect the welfare of children.
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Trade Secrets: Information submitted to the county that contains trade secrets or proprietary commercial information is exempt from disclosure.
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Security Information: Records detailing security systems, emergency response plans, or infrastructure vulnerabilities that could compromise public safety if disclosed.
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Deliberative Process Materials: Preliminary drafts, notes, and recommendations in which opinions are expressed or policies formulated prior to final decision-making.
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Certain Court Records: Records sealed by court order, including certain domestic violence cases, mental health proceedings, and cases where the court has determined confidentiality is necessary.
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Tax Return Information: Individual and business tax return information submitted to county tax authorities.
West Virginia law requires agencies to apply a balancing test when considering exemptions, weighing the public interest in disclosure against the potential harm that might result. Even when a record contains exempt information, non-exempt portions must be disclosed when reasonably segregable.
Monongalia County Recorder's Office: Contact Information and Hours
Monongalia County Clerk's Office
243 High Street, Room 123
Morgantown, WV 26505
(304) 291-7230
Monongalia County Clerk
Hours of Operation:
Monday through Friday: 8:30 AM to 5:00 PM
Closed on weekends and county-observed holidays
Services Provided:
- Recording of deeds, mortgages, liens, and other property documents
- Marriage licenses
- Notary public commissions
- Business registration and fictitious name certificates
- Birth and death certificates (limited to recent records)
- Voter registration and election administration
- County Commission records
Monongalia County Circuit Clerk's Office
243 High Street, Room 121
Morgantown, WV 26505
(304) 291-7240
Monongalia County Circuit Court
Hours of Operation:
Monday through Friday: 8:30 AM to 4:30 PM
Closed on weekends and state-observed holidays
Services Provided:
- Circuit court records
- Civil and criminal case filings
- Probate records
- Jury management
- Court-ordered liens
- Passport applications
Monongalia County Assessor's Office
243 High Street, Room 107
Morgantown, WV 26505
(304) 291-7200
Monongalia County Assessor
Hours of Operation:
Monday through Friday: 8:30 AM to 5:00 PM
Closed on weekends and county-observed holidays
Services Provided:
- Property assessments
- Tax maps
- Homestead exemption applications
- Personal property tax assessments
Lookup Public Records in Monongalia County
Monongalia County in West Virginia
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Monongalia County Prosecuting Attorney
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