| Circuit Clerk | Marion County Circuit Clerk |
|---|---|
| County Clerk (probate) | Marion County Clerk — Estates/Probate |
| Clerk address | Circuit Clerk: Marion County Courthouse, 219 Adams St, Room 211, Fairmont, WV 26554-2880. County Clerk: 219 Adams St, Fairmont, WV 26554 (mail: PO Box 1267). Magistrate Court Clerk: 200 Jackson St, Room 211, Fairmont, WV 26554 |
| Phone | Circuit Clerk (304) 367-5360; County Clerk Estates/Probate (304) 367-5457; County Clerk Vital Records (304) 367-5451; Magistrate Court Clerk (304) 367-5330 |
| Hours | Circuit Clerk and County Clerk: Monday–Friday, 8:30 a.m.–4:30 p.m. |
| 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 |
Marion County, seated in Fairmont between Morgantown and Clarksburg, is West Virginia's tenth most populous county and by itself forms the Twentieth Judicial Circuit, with two circuit judges. Its circuit-court and family-court files are kept by the Marion County Circuit Clerk in Room 211 of the Marion County Courthouse at 219 Adams Street. Marion is also its own family court circuit (the Nineteenth), and because family court has no separate clerk, divorce, custody, child support, and domestic-violence files are requested from the Circuit Clerk along with felony criminal, civil, juvenile, and guardianship cases. The office posts a fee chart, juror information, and trial dates on its page.
Wills and estates belong to the Marion County Clerk, a separate elected office in the same courthouse with its own estates and probate line. That office records deeds and other instruments, issues certified birth, death, and marriage certificates, administers elections, and offers an online records search for recorded documents. Probate case files are requested from the office directly.
Misdemeanors, civil claims up to $20,000, and preliminary felony hearings go to Marion County's four magistrates. The Magistrate Court Clerk is not in the courthouse but around the corner at 200 Jackson Street, so a misdemeanor or small-claims file requires a different stop from a felony or divorce file. WVPASS covers Marion circuit-court cases statewide from 1999, and the free Magistrate Court Record Search indexes magistrate cases; the County Clerk's probate files are in neither.
Search Marion County court records online
Circuit Clerk
Marion County Circuit Clerk
- Cost
- Free public search at the courthouse; WVPASS online after free registration with a per-page download fee; $1.00 per page for clerk-prepared copies (W. Va. Code §59-1-11); the office posts its own fee chart
- Coverage
- Circuit-court felony criminal, civil, and family-court (divorce, custody, support, juvenile, guardianship) case records for the Twentieth Judicial Circuit
- Records
- Civil, Criminal, Family
Located in Room 211 of the Marion County Courthouse. The page links a current fee chart, juror summons information, and trial dates. Recordkeeper for both the circuit court and the Nineteenth Family Court Circuit.
County Clerk (probate)
Marion County Clerk — Estates/Probate
- Cost
- Free to review in the office; copy and certification fees under W. Va. Code §59-1-10 ($1.50 for the first two pages, $1.00 each additional page, $1.00 to annex the seal)
- Coverage
- Wills, estate administration, and fiduciary matters, plus recorded deeds and instruments and birth, death, and marriage records for Marion County
- Records
- Probate
Separate office from the Circuit Clerk in the same courthouse. A dedicated estates/probate line, (304) 367-5457, is listed alongside the vital-records line, (304) 367-5451. An online IDX records search covers recorded documents; probate files are requested from the office. Mailing address PO Box 1267, Fairmont, WV 26554.
Other courts
Marion County Magistrate Court Clerk
- Cost
- Free to search the statewide index; copy fees at the clerk's counter
- Coverage
- Misdemeanor, small-claims (up to $20,000), traffic, and preliminary-hearing records for Marion County's four magistrates
- Records
- Criminal, Civil, Traffic
The statewide Magistrate Court Record Search shows an index only. The Magistrate Court Clerk's office is at 200 Jackson Street, Room 211, Fairmont, (304) 367-5330, per the West Virginia Judiciary's Marion County page — a separate building from the courthouse.
What is available online
WVPASS covers Marion County circuit-court and family-court case records from 1999 forward, free to search after registration with a small per-page fee to download documents. The statewide Magistrate Court Record Search returns a free index of Marion magistrate cases (up to 30 results per search) but no documents. The Marion County Clerk's online IDX search covers recorded deeds and instruments, not probate case files. Tickets from Fairmont Municipal Court and other city courts in the county are not in any of these systems.
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
Marion County clerk offices
Circuit Clerk: Marion County Courthouse, 219 Adams St, Room 211, Fairmont, WV 26554-2880. County Clerk: 219 Adams St, Fairmont, WV 26554 (mail: PO Box 1267). Magistrate Court Clerk: 200 Jackson St, Room 211, Fairmont, WV 26554
Phone: Circuit Clerk (304) 367-5360; County Clerk Estates/Probate (304) 367-5457; County Clerk Vital Records (304) 367-5451; Magistrate Court Clerk (304) 367-5330
Hours: Circuit Clerk and County Clerk: Monday–Friday, 8:30 a.m.–4:30 p.m.
Circuit-court records (felony, civil, divorce, custody, juvenile). Search WVPASS online, or visit the Circuit Clerk in Room 211 of the Marion County Courthouse, 219 Adams Street, Fairmont, Monday–Friday 8:30 a.m.–4:30 p.m. By mail, write to the Circuit Clerk at that address with the case number or party names and year, the documents you need, whether you want plain or certified copies, and a self-addressed stamped envelope; call (304) 367-5360 first to confirm the total against the office's posted fee chart. Clerk-prepared copies are $1.00 per page under W. Va. Code §59-1-11.
Probate and estate records. Call the Marion County Clerk's estates/probate line at (304) 367-5457 or visit the courthouse at 219 Adams Street, Monday–Friday 8:30 a.m.–4:30 p.m. Copies of wills and estate documents follow W. Va. Code §59-1-10 — $1.50 for the first two pages, $1.00 for each additional page, and $1.00 to annex the seal for certification. Recorded instruments can be checked first through the office's online IDX search.
Magistrate-court records. Look the case up in the free statewide Magistrate Court Record Search, then contact the Marion County Magistrate Court Clerk at 200 Jackson Street, (304) 367-5330, 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 Marion County, WV court records online?
Use WVPASS for circuit-court and family-court cases from 1999 forward, and the free statewide Magistrate Court Record Search for misdemeanors and small claims. The County Clerk's IDX search covers recorded documents only, not probate or court case files.
Where is the Marion County Circuit Clerk?
Room 211 of the Marion County Courthouse, 219 Adams Street, Fairmont, open Monday–Friday 8:30 a.m. to 4:30 p.m. The Magistrate Court Clerk is in a separate building at 200 Jackson Street.
Who do I call about a will or estate in Marion County?
The Marion County Clerk's estates/probate line, (304) 367-5457. The County Clerk, not the Circuit Clerk, probates wills and keeps estate files.
Which office has my Marion County divorce or custody case?
The Marion County Circuit Clerk. Marion is its own family court circuit, but family court has no separate clerk, so the Circuit Clerk is the official custodian of those files.
Sources
- Marion County Circuit Clerk — https://www.marioncountywv.com/departments/circuit_clerk/index.php
- Marion County Clerk Information — https://www.marioncountywv.com/departments/county_clerk/index.php
- West Virginia Judiciary — Marion County court information — https://www.courtswv.gov/public-resources/court-information-county/marion_county
- West Virginia Judiciary — Magistrate Court Record Search — https://www.courtswv.gov/lower-courts/magistrate-courts/magistrate-record-search
- West Virginia Code §59-1-11 — Circuit Clerk fees — https://code.wvlegislature.gov/59-1-11/
- West Virginia Code §59-1-10 — County Clerk fees — https://code.wvlegislature.gov/59-1-10/
- 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/
See also: all West Virginia counties.