| Circuit Clerk | Berkeley County Circuit Clerk |
|---|---|
| County Clerk (probate) | Berkeley County Clerk |
| Clerk address | Circuit Clerk: Berkeley County Judicial Center, 380 W South St, Suite 2200, Martinsburg, WV 25401. County Clerk: 400 W Stephen St, Suite 103, Martinsburg, WV 25401 |
| Phone | Circuit Clerk (304) 264-1918; County Clerk (304) 264-1927; Magistrate Court Clerk (304) 264-1957 |
| Hours | Monday–Friday, regular business hours (confirm current hours with each office) |
| Earliest records noted | 1999 |
| Plain copy fee | $1.00 per page, prepared by the Circuit Clerk to leave the office (W. Va. Code §59-1-11(b)) |
| Certified copy fee | Set by the clerk — ask when you request |
Berkeley County, anchored by Martinsburg, is West Virginia's fastest-growing county and now its second-largest. The Berkeley County Circuit Clerk keeps circuit-court files covering civil and criminal actions, custody, child support, divorce, domestic violence, expungements, felonies, misdemeanor appeals, juvenile cases, guardianships, name changes, and mental hygiene matters. The office is inside the Berkeley County Judicial Center on West South Street in Martinsburg.
The Berkeley County Clerk, a separate elected office on West Stephen Street, probates wills and assists with estate administration, in addition to recording deeds and other county records. It also offers an electronic record search for recorded documents.
Most case types can be searched through WVPASS, the statewide circuit-court portal, though the county clerk notes it cannot help with WVPASS technical issues — those go to the state Supreme Court's help desk. Misdemeanors and small claims are in the county's magistrate court, a third office in the same Judicial Center.
Search Berkeley County court records online
Circuit Clerk
Berkeley County Circuit Clerk
- Cost
- Free terminal search at the courthouse; WVPASS available online for a per-page download fee
- Coverage
- Circuit-court civil, criminal, divorce, custody, domestic violence, juvenile, and guardianship cases
- Records
- Civil, Criminal, Family
Most case types are searchable through WVPASS; the Circuit Clerk's office cannot troubleshoot WVPASS technical problems.
County Clerk (probate)
Berkeley County Clerk
- Cost
- Free electronic record search; fees for copies
- Coverage
- Wills, estate administration, and recorded documents
- Records
- Probate
Separate office from the Circuit Clerk; handles probate and land records, not court case files.
Other courts
Berkeley County Magistrate Court Clerk
- Cost
- Free to search the statewide index; nominal per-law copy fee at the clerk's counter
- Coverage
- Misdemeanor, small-claims, and preliminary-hearing records for Berkeley County
- Records
- Criminal, Civil, Traffic
Contact the Berkeley County Magistrate Court Clerk at the Judicial Center for copies; the statewide search tool shows an index only.
What is available online
WVPASS covers Berkeley circuit-court records for most case types back to 1999, with a per-page download charge after free registration. The statewide Magistrate Court Record Search covers magistrate cases for free but only returns an index. The County Clerk's electronic record search covers recorded land and vital documents, not probate case files, which require contacting the office directly.
Which clerk has your record
In West Virginia, the clerk who keeps a file depends on which court heard the case. Check the court name on the case notice, citation, or order, then use the office and coverage details above to identify the record holder. Court names and responsibilities differ by state; a county clerk may not keep court case files. For federal cases, see the PACER guide. The full court structure is on the West Virginia page.
| Court | Typical cases | Records kept by |
|---|---|---|
| Circuit Courts (30 circuits, 55 counties) | Felony criminal cases; Civil cases above the magistrate-court limit; Divorce, custody, and other family cases (as the family court's record custodian) | Circuit Clerk of the county |
| Family Courts | Divorce and annulment; Child custody and support; Domestic violence protective orders | Circuit Clerk of the county (family court has no separate clerk) |
| Magistrate Courts | Misdemeanor criminal cases; Civil claims of $20,000 or less; Preliminary hearings in felony cases | Magistrate Court Clerk of the county |
| Municipal Courts | City ordinance violations; Traffic tickets issued by city police | Municipal court clerk for that city |
Request records in person or by mail
Berkeley County clerk offices
Circuit Clerk: Berkeley County Judicial Center, 380 W South St, Suite 2200, Martinsburg, WV 25401. County Clerk: 400 W Stephen St, Suite 103, Martinsburg, WV 25401
Phone: Circuit Clerk (304) 264-1918; County Clerk (304) 264-1927; Magistrate Court Clerk (304) 264-1957
Hours: Monday–Friday, regular business hours (confirm current hours with each office)
Circuit-court records. Search WVPASS online or visit the Judicial Center at 380 W South St for a free terminal search. Request copies in person or by mail; call ahead for the current per-page fee.
Probate and estate records. Contact the Berkeley County Clerk at 400 W Stephen St. The office probates wills and can provide copies of estate filings.
Magistrate-court records. Use the statewide Magistrate Court Record Search for a free index lookup, then contact the Berkeley County Magistrate Court Clerk for copies.
Fees
| Item | Typical cost in West Virginia |
|---|---|
| Plain copy | $1.00 per page, prepared by the Circuit Clerk to leave the office (W. Va. Code §59-1-11(b)) |
| Certified copy | Set by the clerk — ask when you request |
The base per-page copy fee for circuit clerk documents is set by W. Va. Code §59-1-11. Certified copies carry an additional certification fee, and county clerks (probate) and magistrate courts may charge different schedules; none of those additional amounts were confirmed on an official statewide fee schedule, so call the specific clerk before sending payment.
Need a copy an agency will accept? See how to get certified copies of court records.
Sealed and restricted records
West Virginia court records are presumed open, but several categories are not available in public search or index:
The West Virginia guide lists every category of sealed and restricted record, and our guide to expunging or sealing a criminal record explains how to remove one from public view.
Frequently asked questions
How do I search Berkeley County court records online?
Use WVPASS for most circuit-court case types, or the statewide Magistrate Court Record Search for misdemeanors and small claims. WVPASS covers records from 1999 forward.
Where do I find a will or estate file in Berkeley County?
Contact the Berkeley County Clerk, a separate office from the Circuit Clerk. It probates wills and handles estate administration.
Which office has my Berkeley County divorce or custody case?
The Berkeley County Circuit Clerk. It is the official recordkeeper for family court cases, including divorce, custody, and domestic violence filings.
Can the Circuit Clerk help if WVPASS isn't working?
No. The Circuit Clerk's office has said it cannot troubleshoot WVPASS technical issues; those questions go to the state court system's support contact listed on the WVPASS site.
How do I get certified copies of Berkeley County court records?
Request them in person or by mail from the office that holds the file — Circuit Clerk, County Clerk, or Magistrate Court Clerk. Call ahead to confirm the current fee.
Sources
- Berkeley County Circuit Clerk — https://www.berkeleywv.org/863/Circuit-Clerk
- Berkeley County Clerk — https://www.berkeleywv.org/267/County-Clerk
- West Virginia Judiciary — Magistrate Court Record Search — https://www.courtswv.gov/lower-courts/magistrate-courts/magistrate-record-search
- Berkeley County official website — https://www.berkeleywv.org/
- West Virginia Judiciary — Lower Courts — https://www.courtswv.gov/lower-courts
- West Virginia Judiciary — Circuit Courts — https://www.courtswv.gov/lower-courts/circuit-courts
- West Virginia Judiciary — Court Record Access (WVPASS and Magistrate Record Search) — https://www.courtswv.gov/court-record-access
- WVPASS (West Virginia Public Access Search System) — https://wvpass.courtswva.com
- Supreme Court of Appeals — Opinions — https://www.courtswv.gov/appellate-courts/supreme-court-of-appeals/opinions
- West Virginia State Police — Criminal Records Section — https://www.wvsp.gov/departments/criminalrecords/Pages/default.aspx
- West Virginia Code §61-11-25 — Expungement (acquittal or dismissal) — https://code.wvlegislature.gov/61-11-25/
- West Virginia Code §61-11-26 — Expungement of certain convictions — https://code.wvlegislature.gov/61-11-26/
- West Virginia Code §59-1-11 — Circuit Clerk fees — https://code.wvlegislature.gov/59-1-11/
See also: all West Virginia counties.