Criminal Cases in the Pendleton County Courts
Pendleton County uses two trial-court levels for most criminal matters. Magistrate Court handles criminal complaints, warrants, initial appearances, bond, misdemeanors, and preliminary examinations in felony cases. Circuit Court, the felony-level trial court, hears all felonies, certain misdemeanors, and appeals. Pendleton belongs to the Twenty-Sixth Judicial Circuit with Hampshire and Hardy Counties. Regional judges serve the circuit, but Pendleton filings remain in Franklin.
The Magistrate Clerk and Circuit Clerk are separate custodians. A misdemeanor may begin and end with Magistrate Court. A felony often leaves two linked Pendleton County criminal case records: the preliminary docket in Magistrate Court and the later indictment and disposition in Circuit Court. Franklin has no municipal court, so there is no town criminal docket to search. The official Pendleton court directory lists both clerk offices and the circuit judges.
Pendleton County Criminal Court Map
The courthouse is the local records hub. The Pendleton Circuit Clerk keeps pleadings, orders, judgments, and other Circuit Court papers. The county currently lists 10 South Main Street, second floor, Franklin, with mail sent to P.O. Box 846. The office phone is 304-358-7067 and posted hours are weekdays from 8:30 a.m. to 4:30 p.m. The Magistrate Clerk uses the same street address, P.O. Box 637, and phone lines 304-358-2343 and 304-358-2344.
Use the office tied to the docket. Asking the Magistrate Clerk for a Circuit indictment, or asking the Circuit Clerk for an officer's report, slows the request. The official Pendleton County portal helps confirm the local department before a visit or mailing.
How to Search Case Records
Begin with the free Magistrate Case Record Search described by the judiciary for a pending complaint, misdemeanor, bond entry, or felony preliminary case. A felony marked as transferred requires a second search in WVPASS. That Circuit Court system requires free registration and offers public documents from 1999 forward. Searching is free. Announced download pricing is $0.25 per page plus a card-processing charge, which should be checked at checkout.
- Open MCR and choose a name or complete case-number search.
- Use the full legal name and select Pendleton when the county filter appears.
- Record the complete case ID, filing date, agency, charges, bond, and related cases.
- If the docket shows a felony transfer, search WVPASS for the Pendleton Circuit file.
- Ask the correct clerk for a named complaint, order, judgment, or certified copy.
The MCR search form shows how West Virginia divides name and case-number queries.
The form is an index and docket tool, not a source for downloadable court documents.
Pendleton County MCR Case Fields
MCR accepts either a name or a case number and returns no more than 30 results. A common name can hit that limit, so spelling and the full case ID matter. An observed Pendleton number includes the venue code M36. Keep the whole number when calling the clerk. Blank public sections do not prove that the paper file lacks records, and charge-level plea or outcome data may sit inside each count rather than in one case-status field.
| Field Label | Type | Required | Use |
|---|---|---|---|
| Search By | Tabs or radio | One method | Name or case number |
| First Name | Text | No | Narrows a name search |
| Last Name | Text | No | Either first or last may return results |
| Case Number | Text | For ID search | Use the complete West Virginia format |
| County | Filter | No | Choose Pendleton when shown |
Results can separate basic case information, related cases, charges, non-monetary sentences, civil judgments, and bond details. Bond rows may show type, set amount, reduced amount, total posted, status, payor, and receipt data. Empty rows only mean the public screen has no displayed value. They do not establish that the clerk's source file has no order, recording, or other document. MCR also has no document downloads. Give the Magistrate Clerk the full M36 case ID and name the exact complaint, bond order, judgment, or docket entry needed.
What the Case File Shows
A Pendleton County criminal case file follows one prosecution, not a person's full criminal history. MCR may display basic case information, parties and roles, related cases, charges, non-monetary sentences, civil judgments, bond information, and docket events. A Circuit file adds the indictment or information, motions, hearing orders, plea or trial papers, judgment, sentence, and public financial entries. Read each count because charges can end in different ways.
| Case Number & Court | Identifies the venue, file, and court level. |
|---|---|
| Charging Document | Shows the complaint, indictment, or information used to allege charges. |
| Docket Entries | Chronological filings, service, hearings, pleas, transfers, and orders. |
| Hearing Dates | Past and scheduled events shown in the public docket. |
| Disposition & Judgment | Records the outcome of each count and the court's judgment. |
| Sentence & Conditions | Lists confinement, probation, restitution, or other terms when public. |
Note: An arrest charge and a filed court charge can differ because prosecutors and grand juries may amend, add, decline, or dismiss counts.
Pendleton County Circuit Case Documents
WVPASS is the public Circuit Court layer. The judiciary's official launch notice set its March 10, 2025 start with publicly available circuit documents dating to 1999. Search concepts include party, case number, county, case type, and date. Available results may show the case header, parties, counsel, judge, docket entries, filings, orders, charge outcomes, judgments, and PDFs. A missing scan may reflect the date boundary, confidentiality, sealing, or a technical gap.
The West Virginia judiciary public-access page distinguishes MCR and WVPASS.
That split explains why one Pendleton felony can require both portals and two clerk contacts.
Stages of a Criminal Case
A Pendleton criminal complaint may follow an arrest or summons. Magistrate Court then handles the initial appearance, bond, and misdemeanor path. For a felony, the magistrate decides whether probable cause supports further proceedings. A grand jury may later return an indictment, and Circuit Court conducts arraignment, motions, plea or trial, judgment, and sentencing. There is no fixed local time for every stage, so the dated docket entries are the sound guide.
Case flow: Charges Filed › Arraignment › Pretrial › Plea or Trial › Disposition › Sentencing
A transfer is not a guilty finding. It means the felony track moves from the limited Magistrate proceeding to Circuit Court. The two public records should be read as a linked timeline.
Pendleton County Criminal Docket Terms
Court terms carry precise meanings. Misreading them can turn a case-search result into a false claim about guilt or final outcome. Pendleton records use the same West Virginia concepts at the Magistrate and Circuit levels.
- Disposition
- The outcome of a charge or case.
- Nolle prosequi
- A prosecutor's choice not to continue a charge at that time, not an acquittal.
- Preliminary examination
- A Magistrate Court test of probable cause in a felony matter.
- Recognizance
- Release based on a promise and conditions without full cash security.
- Indictment
- A grand-jury accusation that moves a felony into Circuit Court, not proof of guilt.
The judiciary also explains its separate CourtPLUS filing system.
Public users search WVPASS; authorized filers use CourtPLUS, and e-filed orders may carry a code for the judiciary's verification tool.
Access & Restrictions
West Virginia court records are generally open unless a law, rule, or order makes them confidential. Juvenile cases, sealed or expunged matters, victim-sensitive facts, and protected identifiers may be absent or redacted. WVPASS promises publicly available records, not every paper in every file. MCR likewise supplies docket data without document images. The clerk remains the best source for an absent scan, a certification need, or a question about an older file.
West Virginia FOIA does not override a sealing order or confidentiality law. Section 61-11-25 addresses qualifying acquittals, dismissals, and deferred matters, while the conviction-expungement statute can seal qualifying records after court relief and required agency processing.
The statute helps explain why an old name match can disappear from the public portal while remaining available only for limited lawful access.
When a search misses a known matter, try spelling variants and the complete case number before drawing a conclusion. Then check the other court level. A sealed case, protected juvenile matter, pre-1999 Circuit file, or Magistrate-only docket may not appear where expected. The Circuit Clerk can address Pendleton felony files, and the Magistrate Clerk can address misdemeanor and preliminary records. Neither clerk can release a Sheriff's investigative narrative merely because it concerns the same event.
Older Pendleton County Case Records
For a case before WVPASS coverage, contact the Circuit Clerk. Give the complete case number if known, identify the exact complaint, order, judgment, or docket sheet needed, and say whether an ordinary or certified copy is required. Ask for the page count, total charge, and accepted payment before mailing. A downloaded WVPASS PDF and a clerk-certified record do not serve the same purpose.
The West Virginia court-forms catalog provides statewide forms, including expungement and fee-waiver material.
Forms do not replace the Pendleton clerk's file, fee confirmation, or procedural directions for a specific case.