Frederick County Court Records

Frederick County court records is a general term that refers to a wide range of documents generated throughout a judicial proceeding within Frederick County. The court clerk maintains these materials, which include exhibits, transcripts, dockets, depositions, affidavits, motions, and judgments emanating from criminal, civil, and traffic proceedings in court. Per Va. Code Ann. § 17.1-292(B), appeals from a district court form part of a Frederick County court record.

Court records aid transparency and accountability in the legal system, ensuring that anyone can gain insights into the happenings in the courtroom at any time, regardless of their presence during the proceedings. They serve as resources for policymakers, judges, lawyers, law students, and other stakeholders in the legal system, advancing various purposes, including career growth, prosecutions, and criminal defense.

Are Court Records Public in Frederick County?

Yes. While the Virginia Freedom of Information Act (FOIA) does not regulate the accessibility of court records, documents generated by the various courts in the county are still regarded as public documents under VA Code §§ 16.1 and 17.1. This means that any interested member of the society can access them at will.

However, specific court records that are marked “confidential” are restricted from public viewing. Instead, they can only be accessed by a few authorized individuals with the permission of the court or based on their level of involvement in the matter. Examples of such records include:

• Personal identifying information
• Juvenile case files
• Adoption records
• Sealed records
• Records protected by attorney-client privilege

If a court document contains confidential information, the record will be redacted to the extent of its non-confidentiality.

Frederick County Court Records Search

Per Virginia law, requests for Frederick County court records should be made to the clerk of the relevant court, who provides several methods for the public to access them. Generally, requestors can obtain non-confidential documents generated from a court in Frederick County through:

• Physical visits to the courthouse where the case was handled during normal business hours
• Written requests to the appropriate court clerk
• Exploring online search services offered by Virginia's Judicial System
• Third-party repositories offering court record search services

Frederick County Courts

The court system in Frederick County falls under the 26th Judicial Circuit of Virginia, which comprises the Circuit Court, General District Court, and Juvenile and Domestic Relations Court. The Circuit Court is the trial court of general jurisdiction and handles serious criminal cases and civil matters with claims above $25,000. It also shares jurisdiction with the General District Court in a few cases.

Below is a list of the courts in Frederick County:

Frederick County Circuit Court - 26th Judicial Circuit
The Judicial Center
5 N Kent St
Winchester, VA 22601
Phone: (540) 667-5770
Fax: (540) 545-8711

Frederick/Winchester General District Court - 26th Judicial District
The Judicial Center
5 N Kent St,
Winchester, VA 22601
Phone: (540) 722-7208
Fax: (540) 722-1063

Frederick/Winchester Juvenile & Domestic Relations District Court
The Judicial Center
5 N Kent St,
Winchester, VA 22601
Phone: (540) 667-5770
Fax: (540) 723-8886

Frederick County Criminal Records

Criminal records is a broad term to describe documentation of a person’s interactions with criminal justice agencies as a crime suspect. In Frederick County, it includes arrest records, which are essential criminal records that are publicly accessible under VA Code § 19.2-389.

To obtain Frederick County criminal records, interested parties can query the following agencies:

Frederick County Sheriff's Office

The Frederick County sheriff is the chief law enforcement officer and the Sheriff's Office is the custodian of arrest records generated within its jurisdictional boundaries. One can visit the sheriff’s office Records Department in person at the location below to make an FOIA request:

Captain Aleck Beeman
Frederick County Sheriff's Office
1080 Coverstone Drive
Winchester, VA 22602

Individuals can also call (540) 662-6168 or send a fax to (540) 504-6400 to request criminal records from the sheriff’s office. However, the most preferred method for sending record requests is via the online request system due to its efficiency and reduced risk of emails going into SPAM folders.

Note: Parties do not have to request records in writing. However, it is advisable to fill out and submit a FOIA request form for documentation and clarity purposes.

To obtain recent Frederick County criminal records maintained by the Sheriff's Office, requesters should click on the “Arrest Report” portion of the sheriff's office website to access a downloading pdf of individuals arrested over specific periods. Information obtainable via this method includes:

• Case number
• Arrest date
• Time of arrest
• First and last name of the person arrested
• Arrestee’s street address
• Arrest location
• Arrestee's sex and age
• Charges

The Local Arresting Police Department

Local police departments may offer publicly accessible search services for records of arrests they make. For example, the Winchester Police Department allows individuals to view daily arrest logs and call blotters on its official website.

The Virginia State Police

Local law enforcement agencies in Frederick County send reports of criminal records to the Virginia State Police (VSP). Members of the public can access their criminal records or conduct a background check on someone else through the VSP by filling out and submitting Form SP-167.

Note: Employers and a few other agencies will submit a different form (Form SP-230) to conduct a background check on a subject.

One can also send a record request via mail to:

Virginia State Police
Civil and Applicant Records Exchange (CARE)
7700 Midlothian Turnpike
North Chesterfield, VA 23235

Parties may visit the Virginia State Police’s official website for more information on requesting criminal records.

Get Frederick County Civil Court Records

Anyone can access Frederick County civil court records remotely through these online portals maintained by the Virginia Judiciary’s case management system:

• Circuit Court Case Information

Individuals can obtain records of civil proceedings held in the Frederick County Circuit Court by accessing the Circuit Court Case Information portal and choosing “Frederick Circuit Court” from the drop-down menu on the available search bar and clicking on “Begin”. On the next page, they are expected to click “Civil” and conduct their search by name, case number, or hearing date.

• General District Online Case Information

Records of civil matters handled by the General District Court in Frederick County can be obtained through the General District Online Case information system. They are to select “Frederick General District Court” from the drop-down menu under “Court” on the top left of the page and conduct a search by name, case number, hearing date, or service/process by selecting their preferred criteria under “Civil”. However, information pertaining to the following cases is not available via this platform:

• Protective orders
• Civil commitment proceedings
• Medical emergency custody
• Temporary detention orders

Individuals should note that online search results are informational only and are not regarded as official records. To obtain paper copies or certified records, requesters should visit the relevant courthouse physically during normal office hours.

Frederick County Marriage Records

Marriage records are public documents in Frederick County, kept in the custody of, and obtainable from the issuing circuit court clerk’s office. Interested individuals can request certified copies of marriage records by physically visiting the circuit court clerk's office during normal work hours or via mail after filling out a Request Form and submitting it, along with a self-addressed stamped envelope to:

Winchester Circuit Court/Frederick County Circuit Court
5, North Kent Street
Winchester, VA 22601

Individuals must provide the full names of both parties and the place and date of marriage to facilitate the record search. Each certified copy costs $3 payable in cash or money order.

Another option for obtaining Frederick County marriage records is to query the Virginia Department of Health (VDH) in person at the location below:

Virginia Department of Health
Division of Vital Records
2001 Maywill Street
Suite 101
Richmond, VA 23230

The VDH also accepts online applications for marriage records and provides express delivery options for applicants who require records faster. More information on this can be obtained on the Department's “How to Obtain a Vital Record” page.

Frederick County marriage records can also be obtained from various accredited health departments in the state, such as the Frederick/Winchester Environmental Health Office at the location below:

107 North Kent Street
Suite 201
Winchester, VA 22601
Phone: (540) 955-1033

Individuals can obtain copies of their marriage certificates for $12 per copy from the VDH, payable by cash, check, money order, VISA, or MasterCard.

Note: Marriage records in Virginia only become public documents 25 years after the marriage takes place. Before then, copies of certificates are only available to the couple and their immediate family members with a valid ID.

Frederick County Divorce Records

Similar to marriage records, Frederick County divorce records can be obtained in person from the office of the clerk of the circuit court that granted it. These records can also be accessed remotely through the circuit court case information platform mentioned above. Finally, eligible parties can query the VDVR for divorce documents at $12 for each copy.

Note: Virginia divorce records only become public information 25 years after the divorce is finalized. Prior to that time, they can only be accessed by the subjects of the records, their immediate family members, and legal representatives.

Frederick Birth and Death Records

Frederick County birth records are obtainable from the VDH’s Division of Vital Records in similar ways as marriage records discussed above. Like marriage and divorce records, only select individuals, including the legal guardian with evidence of legal custody can obtain these records ( VA Code. § 32.1-27). However, the birth certificates become open to the public 100 years from the subject's draw of birth.

On the other hand, death certificates become public records 25 years after the subject's demise. Eligible requesters can access these records from any local department in Virginia. However, death certificates filed in Frederick County within 30 days before the search must be obtained in the county.

Frederick County Probate Court Records

Frederick County probate records are documents that detail legal proceedings regarding the administration of a deceased’s estate in the county. Probate matters also include guardianship and mental health committals, and are handled by the circuit court. Corresponding records are maintained by the Frederick County Circuit Clerk of Court’s Office which provides public access to them via several platforms.

For example, interested parties can visit the courthouse where the probate matter was handled to obtain publicly accessible records in person. For online access to Frederick County probate records, requesters should utilize the Circuit Court Case Information portal as discussed under “Frederick County Civil Court Records”.

Frederick County Property Records

Frederick County property records reveal information about a parcel of land located in the county, including:

• Owner’s name
• Property location
• Property tax information

Property records emanating from Frederick County are public information obtainable from the Frederick County Circuit Court Clerk’s Office. Individuals can access these records remotely by subscribing to the Commonwealth of Virginia Electronic Records System (COVERS) in compliance with the provisions of the Code of Virginia 17.1-294, et seq. To enjoy secure remote access to land records from the circuit court, interested parties must complete a Subscriber Agreement and Application for remote access to the records management system. The application must be notarized and filed with the Clerk’s Office. Subscriber fees apply. The clerk's website provides more information on accessing the records management system.

Alternatively, interested persons may query the Frederick County Commissioner of Revenue’s Office through its Property Record Card page and conduct an online search for property records by owner’s name, account number, map number, or street name.

Frederick County Court Records Online

Interested persons may access Frederick County court records through unofficial channels such as the Virginiacourtrecords.us. These private online websites are ideal for individuals who want to obtain various kinds of records from multiple jurisdictions simultaneously. Court records from third-party aggregate sites are searchable by name, case number, and other essential details. However, while these platforms offer convenience, they may also charge significant fees for their services.