South Carolina Arrest Records

South Carolina arrest records are official documents that contain details about incidents when law enforcement took an individual into custody. The creation of arrest records starts the first time a person is arrested and is subsequently updated when that individual is taken into police custody. Generally, information in arrest records includes:

• The subject’s name and address
• Date of birth
• Details about the arrests
• Fingerprints and photographs
• Charges filed
• Information about court hearings
• Release information
• An arrest record may also include additional information about the outcome of an arrest, such as whether the person was convicted or the charges were dropped.

Arrest record searches are usually part of security background checks, particularly in situations where the subject will have access to sensitive information or work with vulnerable populations. However, the existence of an arrest record does not imply guilt because a person can be arrested without being prosecuted or convicted. The South Carolina Law Enforcement Division is the central custodian of South Carolina arrest records. County sheriffs are responsible for maintaining arrest records at the county level. Non-confidential arrest records are available to searchers upon request through these custodians.

Are Arrest Records Public in South Carolina?

Yes. Arrest records are public in South Carolina according to the South Carolina Freedom of Information Act (FOIA). This law gives the public the right to inspect and copy arrest records maintained by law enforcement agencies at the federal, state, and county levels. However, per Section 30-4-40 of the South Carolina FOIA, certain arrest records or portions thereof are not public and are only available to select authorized parties, such as law enforcement officers and parties involved. The legal system imposes this restriction to protect the privacy rights of involved parties or the interest of the government.

Also, a record may be restricted if its disclosure would disrupt the outcome of an ongoing investigation or court proceeding or endanger a person. Generally, arrest records on juveniles, not-guilty verdicts, arrests not leading to a conviction, and dismissals are non-public information. Exempt records may only be obtained by parties authorized by court order. A judge will only grant such an order if the requestor establishes that the need to know surpasses the need for confidentiality.

How Do I Look Up Arrest Records in South Carolina?

The South Carolina Law Enforcement Division (SLED) is the custodian of statewide arrest records and makes them available via the Citizens Access to Criminal Histories (CATCH) portal. Obtaining arrest records via this website usually costs $25. Alternatively, searchers may use mail-in options or visit public terminals provided at convenient locations in different counties across the state to look up arrest records.

For mail-in applications, complete and send the criminal record application form to the SLED address using the mailing information below.

SLED Records Department

*PO Box 21398 *

Columbia SC 29221-1398.

Similarly, the Federal Bureau of Investigation (FBI) provides a nationwide arrest records search database. To access these records, residents of South Carolina should submit a written request to the Criminal Justice Information Services Division of the FBI and pay a nominal fee of $18. Note that the FBI does not release copies of arrest records to individuals other than the record subjects. Mail requests to the FBI go to the address below.

FBI CJIS Division – Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306.

Moreover, arrest records may be obtained from the sheriff’s office in the jurisdiction where the arrest was made. Several county sheriff's offices maintain online jail rosters to facilitate access to this data. For example, interested persons may access Greenville County arrest records, York County jail inmate search, and Berkeley County inmate lookup.

Free Arrest Record Search in South Carolina

Searchers can find arrest records for free on websites maintained by county sheriffs and those provided by select third-party websites. Note that many websites only show limited information for free and a searcher will have to pay a fee to view the record in full or obtain a copy of the record. To find a specific arrest record, a searcher must provide identifying information, such as an inmate's full name or booking number/ID. A county sheriff's website only contains records for arrests made within the county's jurisdiction.

How Long Do Arrests Stay on Your Record in South Carolina?

It depends. There is no standard period for retaining arrest records in South Carolina. Arrests stay on record indefinitely unless the involved party gets such records sealed. However, a person can have arrests expunged from their record if they are eligible for expungement. If a person does not meet the requirements for record expungement or sealing, they may be eligible for a pardon.

How to Seal Arrest Record in South Carolina

Sealing an arrest record removes it from public information databases, although certain law enforcement agencies still retain the rights to access them. Additionally, parties with sealed arrest records are not obligated to mention them during applications.

To seal an arrest record in South Carolina, an eligible person must submit a formal application to a court with competent jurisdiction (usually in the location where the arrest was made) to obtain an order to have their records cleared. As in many cases, a court hearing may be required.

Eligibility for sealing a record usually involves satisfying all applicable sentences, paying all fines, and waiting for a given period from the last arrest or conviction. Arrest records involving non-violent crimes committed by juveniles are generally eligible for sealing when the involved person turns 18 years of age.

Note that arrest records pertaining to certain crimes such as Driving Under the Influence (DUI), murder and certain violent crimes, wildlife hunting, games, and crimes where a subject registered for the South Carolina Sex Offenders Registry cannot be sealed.

Furthermore, a person does not necessarily need a lawyer to seal their record. However, South Carolina expungement application procedures may be confusing and often challenging without professional guidance. So, it is good practice to seek the services of a competent criminal lawyer before applying for an expungement.