What is an arrest record in South Carolina?
Arrest records are a big part of South Carolina’s legal scene. They tell the tales of people being taken into custody by police, offering important clues about someone’s past run-ins with the law.
The “2023 Crime in South Carolina” report, released by the South Carolina Law Enforcement Division (SLED), highlights a significant and concerning rise in weapon law violations, marking a 1.8% increase from 2022 and a 129.7% rise since 2014. This trend has persisted for 10 consecutive years, with the majority of violations involving firearms, particularly handguns. Despite this, the report shows positive trends in other areas, with violent crime rates declining for the third straight year, including a 5.9% decrease in murders. The report serves as a vital tool for understanding state crime patterns and shaping public safety policies.
Are Arrest Records Public in South Carolina?
Yes, arrest records in South Carolina are generally accessible to the public under the state’s Freedom of Information Act, which is part of the South Carolina Code of Laws Section 30-4. However, there are restrictions. While much of the information can be accessed by the public, certain portions are limited to specific groups, such as the individual involved and law enforcement agencies. In some cases, the entire record may be withheld.
Section 30-4-40(3) of the South Carolina Code of Laws identifies conditions under which an arrest record may be kept private, such as when revealing the information would:
- Hinder an upcoming law enforcement investigation
- Violate personal privacy rights
- Affect a person’s right to a fair trial
- Expose a confidential informant’s identity
- Put someone’s life or safety at risk
- Share law enforcement methods, which could result in legal evasion
- Disclose intercepted communications that haven’t been made public in court.
What is Included in SC Arrest Records?
Here is what is typically included in South Carolina arrest records:
Personal Information
- Full name of the arrested individual
- Date of birth
- Age
- Address
- Contact details
- Physical description (height, weight, etc.)
- Photograph (mugshot)
- Fingerprints
Arrest Details
- Date and location of the arrest
- Details of the arresting agency
- Charges filed against the individual
- Reason for the arrest/details of the alleged crime
Case Information
- Court appearances related to the arrest
- The outcome of the arrest (convictions, dismissals, etc.)
- Warrant information (if applicable)
Additional Data
- Fingerprint records
- Criminal history (if any)
- Incarceration details (if applicable)
Arrest records in South Carolina are generally open to the public, although access may be subject to certain restrictions. These records can be obtained through various channels, such as law enforcement agencies, local courthouses, or government websites. The availability of information may differ depending on the jurisdiction and the agency responsible for maintaining the records. In some cases, records may contain more detailed information, while others may have limited data due to privacy concerns or ongoing investigations.
For the most accurate information, contacting the appropriate law enforcement agency or court directly is recommended, as they can provide details on the content of the records and the proper procedure for accessing them.
How to Access Public Arrest Records in South Carolina
Individuals can access South Carolina arrest records by using local and state services, as well as independent third-party sources.
Obtaining Arrest Records Locally
Local law enforcement agencies keep arrest records, and those interested in retrieving these records must contact the appropriate police department or sheriff’s office. Requests are typically made by visiting the agency in person, where requestors must provide specific case information and may be required to pay associated fees. Some agencies offer request forms online that can be submitted by mail, in person, or via email.
Statewide Resources for Arrest Records
Individuals can also request arrest records from the South Carolina Law Enforcement Division (SLED), which provides criminal background checks that include arrest details.
SLED reports offer both arrest and conviction data, and these can be accessed via the CATCH (Citizens Access to Criminal Histories) online database or through mailed requests. Below are the procedures for accessing this system:
- Using the SLED CATCH System: Individuals can access the CATCH system online to view and print arrest records for South Carolina. National checks are permitted only when authorized by law.
- Search Requirements: The system requires an exact match on the individual’s last name, first initial, and birthdate. If available, a Social Security Number can also be used.
- Fees: There is a non-refundable fee of $25.00 for a South Carolina records check, and an additional $1.00 convenience fee applies to online searches. Mail-in requests do not have a convenience fee.
- Mail-in Requests: Mail-in requests must be paid with business checks, certified checks, cashier’s checks, or money orders. Personal checks and cash are not accepted.
- Fee Reductions: Nonprofit organizations that meet certain state requirements may qualify for a reduced fee of $8.00. Additionally, records checks for teachers are provided to local school districts without charge.
- Special Processing: If multiple matches are found, a “Special Processing Required” message will prompt further action.
- Handling of Records: South Carolina arrest records should be handled with care and only used for legitimate purposes. Individuals have the right to correct inaccurate information found in their records.
Accessing Restricted Arrest Records
While arrest records held by law enforcement are generally open to public access, some records remain unavailable to the public. For individuals seeking restricted or sealed arrest records, especially in relation to an active court case, subpoenaing the records is an option. This requires following South Carolina’s civil or criminal procedural rules.
The process involves obtaining a subpoena duces tecum, serving it to the records custodian, and submitting Proof of Service to the court. A $10 fee is required for service through the sheriff’s office, and the custodian typically has 14 days to respond.
The court may adjust or cancel the subpoena if it causes unnecessary hardship. Legal guidance or a strong grasp of the relevant laws is advised for those considering this approach.
How to Search for Arrest Records Online in South Carolina
In South Carolina, individuals can access arrest records through several methods, using both official and private sources. Official options include the websites of local law enforcement agencies, such as sheriff’s offices or police departments, where detailed arrest information is often available. These websites typically feature online databases that allow users to search for individuals by name or booking number.
Private Searches
Private search services offer another way to find arrest records. These services collect information from government databases and may provide a quicker, more efficient search process than traditional government sites. Private platforms usually maintain their own databases where users can enter the name of the individual they are looking for.
While private services often require a small fee for full reports, official sources may offer the same information for free but could take more time and effort to access. As a result, individuals can choose the option that works best for them when looking up arrest records in South Carolina.
How Long Do Arrests Stay on Your Record in South Carolina?
The length of time arrests stay on record in South Carolina varies based on several factors, including the type of crime and agency-specific policies. According to the General Records Retention Schedules for County Records, in alignment with S.C. Code of Regulation Chapter 12, Article 5:
- Criminal history records: These documents, which provide details about an individual’s arrest history, remain on file until the person either passes away or reaches 75 years of age, whichever occurs first. Afterward, they are destroyed.
- Juvenile booking records: Records of juveniles processed by county law enforcement are retained for three years after the individual turns 18, after which they are destroyed.
- Booking reports: These reports, documenting arrests and processing by the sheriff’s department, are kept for ten years before being destroyed.
- Arrest cards: The card system used for documenting arrests in the sheriff’s office retains records for five years, after which they are destroyed.
- Mug shots: Photographs taken during an arrest are kept until they no longer serve a purpose.
Similar schedules apply to law enforcement agencies at the municipal level, following guidelines in the General Records Retention Schedules for Municipal Records or S.C. Code of Regulations Chapter 12, Article 6.
While these guidelines offer a general framework, agencies in South Carolina have the flexibility to establish specific retention timelines in compliance with the law.
Clearing (Expunging) an Arrest Record in South Carolina
An arrest record, while not a confirmation of guilt, can still influence how others view a person and may limit certain opportunities. South Carolina has laws that allow for the removal of certain records to offer a new beginning for eligible individuals. These laws are guided by the Uniform Expungement of Criminal Records Act (S.C. Code Ann. § 17-22-910), which outlines the types of offenses that qualify for expungement, mainly involving minor or first-time infractions without any further violations within specific timeframes.
Some offenses that may qualify for removal include:
- A first-offense misdemeanor conviction under the Fraudulent Check Law, provided there are no additional criminal convictions within one year of the conviction date.
- Charges dismissed after completing programs like Pretrial Intervention (PTI), Traffic Education (TEP), or Alcohol Education (AEP).
- A first-offense drug possession charge, following successful completion of conditional discharge requirements.
- Convictions with a maximum penalty of up to 30 days in jail, a fine of up to $1,000, or both, as long as there are no further convictions within three years from the conviction date (or five years for Domestic Violence 3rd Degree or Criminal Domestic Violence).
- A first-offense conviction under the Youthful Offender Act, assuming there are no further convictions within five years after completing the sentence, including probation or parole.
- A first-offense conviction for Failure to Stop for Blue Lights, given no further convictions within three years after completing the sentence.
- A first-offense Possession with Intent to Distribute, provided no further convictions within twenty years after completing the sentence, including probation or parole.
- A first-offense simple possession of a controlled substance, as long as there are no other convictions within three years of completing the sentence, including probation or parole.
- Dismissed charges, cases that were not prosecuted, or cases that resulted in not guilty verdicts.
To start the process of clearing a record, individuals typically apply through the Solicitor’s Office in the judicial circuit where the arrest took place. The office or its website provides the necessary forms and guidance. While administrative fees total $310, some outcomes are eligible for free expungement.
While an expunged record is no longer publicly accessible, it may not be entirely erased. Records can be kept sealed for up to three years and 120 days, or indefinitely for certain legal purposes. Due to the intricacies of South Carolina’s process, seeking legal guidance, especially for first-time applicants, is recommended.
How Can I Find Recent Arrests in South Carolina?
Sheriff’s offices and police departments in South Carolina generally provide public access to recent arrest details. Many of these agencies keep updated online logs that cover arrests over different periods, ranging from several days to multiple years.
Are South Carolina Arrest Records Free?
Yes, the public can access recent arrest details, often referred to as “arrest logs,” through local law enforcement websites at no cost. If someone needs an official copy of an arrest report, there is usually a fee, which varies by agency. This fee system is also common with non-governmental websites, where records might be viewed for free, but obtaining the official document generally requires payment.