How to File a Public Records Request in West Virginia
The West Virginia Freedom of Information Act (WV-FOIA), codified at W. Va. Code §§ 29B-1-1 through 29B-1-7, guarantees every person the right to inspect or copy public records held by government bodies at all levels — executive, judicial, and legislative. The law applies broadly: anyone may request records without stating a purpose, and there are no restrictions on the use of obtained records. Public bodies must respond within five business days by furnishing records, arranging inspection, or issuing a written denial with stated reasons. There is no formal administrative appeal — a denial must be challenged directly in circuit court. The law presumes all records are public; agencies bear the burden of citing one of 19 specific statutory exemptions to justify withholding.
The West Virginia Freedom of Information Act
- Statutory Citation
- W. Va. Code §§ 29B-1-1 through 29B-1-7
- Response Deadline
- 5 business days
- Fee Provisions
- Under W. Va. Code § 29B-1-3, public bodies may charge fees reasonably calculated to reimburse their actual cost of reproducing records. Critically, agencies may not charge search or retrieval fees, and may not seek reimbursement on a man-hour basis. Fees are limited strictly to reproduction costs. There is no statutory fee waiver provision, but requesters may negotiate or request a waiver directly with the agency.
- Key Exemptions
- West Virginia FOIA exemptions are enumerated in W. Va. Code § 29B-1-4 and are strictly construed against the agency. The 19 categories include: trade secrets; information that would constitute an invasion of personal privacy; internal memoranda and advisory documents (deliberative process); law enforcement records used solely for internal purposes; test data and examination materials; archaeological and historic site information; security system codes; and various public safety-related records added after September 11, 2001. The burden of proving an exemption applies rests with the agency.
- Appeal Process
- West Virginia has no formal administrative appeal process for FOIA denials. Under W. Va. Code § 29B-1-5, any person denied access to public records may file suit for injunctive or declaratory relief in the circuit court of the county where the records are held. The court may order production of withheld records. Under W. Va. Code § 29B-1-7, a requester who successfully sues is entitled to recover attorney fees and court costs from the denying public body. Willful violations may also carry criminal penalties under § 29B-1-6.
- Ombudsman
- West Virginia does not have a designated public records ombudsman. Requesters who are denied access must pursue resolution through direct negotiation with the agency or by filing suit in circuit court under W. Va. Code § 29B-1-5.
Read the full text of the West Virginia Freedom of Information Act
City FOIA Guides in West Virginia
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in West Virginia?
If you're dealing with missing records or unresponsive agencies in West Virginia, Project Paper Trail can help you follow the paper trail on development approvals.
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