Open records requests in West Virginia

How the West Virginia Freedom of Information Act works

West Virginia's Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.) provides any person with the right to inspect and copy public records of all public bodies in the state, including all three branches of state government and all local government entities. The Act declares that the people of the state have the right to be informed about what their government is doing and to scrutinize the decisions of public officials. Agencies must respond within five business days of receiving a written request; if records cannot be produced in that period, the agency must acknowledge and provide a projected date.

Fees may be charged for the actual cost of reproduction. Knowing violations of West Virginia's FOIA can result in civil penalties up to $1,000 per occurrence. Courts may award attorney's fees to prevailing requesters. The West Virginia Attorney General's office provides guidance and may take enforcement action. Common exemptions include personnel records, attorney-client communications, trade secrets, and active law enforcement investigative files.