Winchester County Court Records

Winchester County court records are records that are kept by the clerk throughout a civil, traffic, or criminal proceeding in court, as defined by Code of Virginia § 17.1-292. An official court record is a crucial component of legal history because it provides the public with accountability and transparency. Winchester court records cover information relevant to case judgment, appeal, hearing, charge, and disposition. Generally, persons who obtain court records can expect to find case information such as the case number, litigants’ names and contact information, as well as the filing date.

Are Court Records Public in Winchester County?

Yes. Under the Virginia Code § 17.1-208B, records kept by circuit courts are available for anyone to view at the clerk's office, unless the law specifies otherwise. The clerk is also required to provide copies of these records upon request and payment of the required fee. However, the general public may not have access to some court records in Winchester County because they are exempt from public inspection. Examples of restricted records include:

• Confidential court records
• Sealed or expunged records
• Juvenile court records
• Adoption records
• Medical and psychiatric records.

Winchester County Court Records Search

The following alternatives are available to anyone who wants to search Winchester County's court records:

• The Virginia State Court system
• The courtroom where the case was filed
• The court clerk's appropriate office
• Websites owned by third parties.

Winchester County Courts

The Winchester Circuit Court has comprehensive jurisdiction over all civil and criminal issues. However, it usually only deals with matters that fall outside the purview of other courts. Misdemeanors, felonies, and lesser-included offenses are among the criminal cases the Circuit Courts hear. The Circuit Court hears matters involving civil claims above $25,000.

Certain categories of criminal and civil cases fall under the jurisdiction of the Winchester General District Court. The General District Court hears criminal proceedings, including traffic infractions, misdemeanors, ordinance violations, and preliminary hearings in felony cases. Except for interest and legal fees, this court has exclusive original jurisdiction over the majority of general civil claims under $4500. For claims over $4500 but under $25000, this court shares jurisdiction with Circuit Courts.

The Winchester County Juvenile and Domestic Relations District Court has authority over juvenile matters, some criminal cases, and the majority of domestic relations cases (apart from divorce). Child custody, child visitation, child support, parentage, child abuse and neglect, adoption, termination of parental rights, and specific juvenile offenses are among the cases heard by the Juvenile and Domestic Relations District Court.

Below are the courts in Winchester County and their contact information:

City of Winchester Circuit Court - 26th Judicial Circuit
The Judicial Center
5 North Kent Street
Winchester, VA 22601
Phone: (540) 667-5770
Fax: (540) 667-6638

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

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

Winchester County Criminal and Civil Records

Winchester County criminal records and civil court records are maintained by the Circuit and District courts. To obtain a Winchester criminal record, contact the clerk of these courts in person during working hours or look up the record online. Interested persons may check their criminal history records by contacting the Virginia State Police.

• Requesters may obtain a criminal record on themselves or an individual by filling out and submitting the SP-167 form. Both the requester and the record subject must provide a notarized signature for the criminal history record to be released.
• Employers or prospective employers may use the SP-230 to run a criminal background check on job applicants.
• Fingerprints are submitted for a state and federal search of fingerprint files at the cost of $13.75 for the VSP CARE search and $13.25 for the search of the FBI file, totaling $27.00.

To access a civil court record, interested persons may look up civil records by visiting the Circuit Court Case Information search portal maintained by the Virginia Court's System. Search parameters include name searches, case number, and hearing date. One may also view civil court records filed at the district court by searching the General District Court Case Information page. Civil court cases include protection orders, attachments, evictions, disagreements related to the FOIA, division of private property, and others.

Winchester County Marriage Records

Marriage licenses in the county are issued by the Winchester Circuit Court Clerk's office. Therefore, anyone interested in obtaining a Winchester County marriage record may submit a FOIA request in person, by mail, or by email. To request a Winchester County marriage certificate, fill and submit the request form to the circuit court clerk's office along with a $3 cash or money order for each copy requested.

A Winchester County marriage certificate can also be obtained by contacting the Virginia Department of Health. However, copies of the certificates can only be obtained by immediate family members, including the mother, father, husband, wife, child, brother, sister, and grandparents as long as they have a legitimate ID. Record seekers can drop off a completed application for a marriage record at the front desk. Records can also be obtained by standard processing, walk-in applications, online applications, and express delivery. Each copy that is requested via check, money order, payment card, mobile pay, or cash incurs a $12 cost.

Winchester County Divorce Records

Winchester County divorce records are available in person at the clerk's office of the circuit court that granted them, just like marriage records. Additionally, these records are accessible remotely via the Circuit Court case information platform. Qualified parties can also request divorce documents from the VDH Department of Vital Records for $12 per copy. Requesters are required to provide a valid ID and signature. Virginia divorce records are only made public 25 years after the divorce is finalized. Before then, the only people who can access them are the subjects of the records, their close relatives, and their attorneys.

Winchester County Birth Records

Winchester County's vital records are maintained and released by the VDH. Winchester County birth records from 1912 to the present are available to interested parties and are made public after 100 years. Per VA Code. § 32.1-27, Winchester County birth certificates are only available to a subject, their immediate relatives, or legal guardians with evidence of legal custody.

One may fill out and submit an application for a birth certificate at the front desk along with a valid photo ID. Furthermore, the Virginia Department of Motor Vehicles (VDMH) also provides vital records to the general public. Requesters can apply in person by completing the Birth Certificate Application DL 81 for $14. Applications via mail cost $12.

Birth certificates in Virginia are necessary to prove one's citizenship and establish an identity, granting access to a range of services and advantages.

Winchester County Death Records

Winchester County death records are available through the VDH's Division of Vital Records. Similar to other vital records, these documents are exclusively accessible to a limited number of people, usually the deceased’s immediate family members. However, they become available to the public 25 years after the subject's passing. Eligible persons may also obtain a death record from the VDMH by completing the Death Certificate Application DL 82 application form. Applications made in person or via mail cost $14 and $12 respectively.

Death records provide crucial information for monitoring mortality trends and guiding public health programs. They also act as official documentation of death and are necessary for resolving estates and insurance claims.

Winchester County Probate Court Records

Probate court cases filed in Winchester County are presided over by the Circuit Court. Probate court records involve documents about the legal process of settling a deceased person's estate, such as wills, asset inventories, and court orders

Anyone who wishes to obtain a probate court record may contact the courthouse where the probate case was filed or the Clerk of Circuit Court during working hours. Requests can be made by email, via phone, or in person.

Winchester County Property Records

The Winchester County Circuit Court Clerk's Office is the public repository for property documents originating from Winchester County. Interested persons may contact this agency to obtain property records. Alternatively, interested parties could inquire from the Winchester County Commissioner of Revenue’s Office through its Real Estate Tax page. To look up property records, one can conduct an Interactive Property Search, a Real Estate Assessment Search, or utilize the GIS Portal. Search parameters include the owner’s name, account number, map number, or street name.

Property-related information found in a property record includes property address, name of property owner, ownership history, building information, current property value, parcel information, and others.

Winchester County Court Records Online

Independent websites such as Virginiacourtrecords.us manage a collection of public records gathered from various government record custodians, including courthouses. These record search services offered by third-party websites are typically open to the public. A name search is usually sufficient for record seekers to look up a court record. However, a paid subscription or one-time payment might be necessary to view detailed records or information. It is crucial to remember that even while these websites are easy to use, records may vary in completeness. So, it may be necessary to confirm the accuracy of the information acquired from third-party sources.