South Carolina Criminal Records
The creation of a South Carolina criminal record begins when a person is arrested, taken into custody for detention or investigation, and booked into the criminal justice system. A criminal record refers to documents that include information about all arrests, convictions, charges, warrants, bail or bond, and other related details.
Criminal records are filed and maintained by local law enforcement agencies, county court clerks, state and county correctional facilities, and the South Carolina Law Enforcement Division. The South Carolina Law Enforcement Division (SLED) is the State's principal custodian of criminal records.
In South Carolina, criminal records are created to identify and locate suspects involved in a crime, identify crime patterns and changes in crime rates, and locate repeat offenders and likely victims. They are vital evidence during court hearings and guide the judge’s decision-making process (verdicts and sentencing).
Are Criminal Records Public in South Carolina?
Yes. Per the South Carolina Freedom of Information Act (Title 30, South Carolina Code of Laws), all persons possess a right to inspect, copy, and request all papers, books, photographs, recordings, maps, or other forms of documents made, owned, used by or in the custody of a state body.
Public records, by their definition in section 30-4-20 of the Act, include criminal records in physical or electronic forms. However, not all criminal records are public records. Section 30-4-40 of the South Carolina FOIA lists matters exempt from disclosure. Concerning criminal records, common reasons for non-disclosure may be to prevent interference with law enforcement proceedings and to protect the identity of victims and juvenile offenders. Criminal records sealed by court order are also restricted from public access.
Additionally, the South Carolina FOIA only guarantees the right to view and copy criminal records created in the State. National crime records are exempt from this rule. Only those authorized by law or individuals with a legitimate interest in such records can conduct checks for federal criminal records.
South Carolina Crime Records by County
In South Carolina, crime records are indexed and categorized at state and county levels. The South Carolina Law Enforcement Division (SLED) is the central database for crime records and statistics in the State. The South Carolina SLED collates this information from local law enforcement agencies through its Incident-Based Reporting System called the SCIBRS. Once an arrest is completed, law enforcement officers must submit an incident/arrest report to the SLED in the format prescribed by the SCRIBS Code. For every county in South Carolina, the State Law Enforcement Department indexes its:
- Crime rate trends
- Offenses, arrests, and crime count
- Rate and clearance
- Offender and victim demographics
- Offenses by location
- Increase or decline in crimes yearly.
Interested persons can access the SLED’s online public terminals to conduct background checks, research crime statistics, and the South Carolina’s sex offender registry. Researchers can also find crime-related records on the website of a county’s local sheriff’s office or police department and prisons and other correctional facilities. For example, the Greenville County Sheriff’s Office maintains a public sex offender registry and community crime map. Likewise, the Richland County Prison Alvin S. Glenn Detention Center maintains an online search site for information on offenders incarcerated in the County Prison.
South Carolina Criminal Record Check
Researchers can conduct a background or criminal record search at the SLED Citizens Access to Criminal History (SLED CATCH) website. The SLED CATCH is best optimized for Google Chrome and Internet Explorer on monitors and personal computers. It is not recommended to use this search application on a mobile phone.
The South Carolina Law Enforcement Division charges a compulsory $25 search fee and an additional $1 fee for background searches. This site allows users to view and retrieve copies of criminal records online. Please note that the SLED CATCH only provides access to criminal convictions and arrests made in South Carolina. To find accurate results, the searcher must enter the correct details about the record sought, i.e., the subject's last name, first initial, date of birth, and social security number (optional).
Alternatively, interested persons may mail requests to the State Law Enforcement Department. Simply send a copy of the Criminal Records Check Form, a $25 search fee (in the form of a business check, certified check, cashier's check, or money order), and a self-addressed stamped envelope (SASE) to
SLED Records Department,
PO Box 21398
Columbia SC 29221-1398.
Information on sex offenders should not be requested via mail but can be found at the South Carolina Sex Offender Registry.
Find Criminal Records Online in South Carolina
Researchers can find criminal records online in South Carolina with the “SLED Catch” search application. To use this application, the searcher must provide accurate and exact information about the search subject, including the subject's last name, initial, age, gender, date of birth, and social security number, if available. This online service costs $25 and the State Law Enforcement Agency also receives mail-in requests.
Free Criminal Record Search in South Carolina
There are no free means to find criminal records through South Carolina government websites or resources. A cost-effective alternative is using third-party aggregate websites. They have lower subscription charges or offer their services completely free. Users may only be changed extra to print or make copies of the documents.
What Does it Mean if You Have a Criminal Record in South Carolina?
While jail sentences, community service, and fines are standard punitive measures, records of criminal convictions impact the lives of individuals in so many ways. Criminal records carry collateral consequences that can hinder an individual’s ability to access housing, employment, government benefits, loans, and professional and occupational licensing. A criminal record may also affect one’s ability to migrate to other states or countries outside the US.
To ease this situation, the South Carolina Department of Corrections (SCDC) and the Department of Employment and Workforce (DEW) spearheaded a Second Chance Initiative to help ex-offenders learn skills and find jobs. Additionally, the City of Colombia passed a “Ban the Box” Ordinance in 2019 that prevents employers from conducting background checks until an offer of employment has been made. The above resources and fair chance initiatives by state and local governments attempt to address the challenges ex-offenders face.
Does Your Criminal Record Clear After 7 Years in South Carolina?
No. Unless a record is expunged or sealed by court order, it shall remain in the public domain. In South Carolina, an offender can apply to the relevant court to seal their criminal record. Sealing a record means it is no longer a public record. Here are the requirements for eligibility under section 22-5-910 of the South Carolina Code of Laws:
- Three years after conviction for a misdemeanor with a penalty of not more than 30 days imprisonment and a $1000 fine or both (this does not apply to traffic offenses).
- Five years from the date of conviction for domestic violence in the third degree.
- If the defendant has not been convicted of any other crime during the three-year or five-year waiting period.
Arrest Record Vs Criminal Record
The terms “arrest record” and “criminal record” are sometimes used interchangeably but connote different things.
Arrest records are documentation of an arrest. They indicate that a person(s) has been taken into custody for investigation or detention on suspicion of a crime. They do not imply that the arrested person is guilty of an offense. Also, not all arrests lead to charges. A criminal record, however, is legal documentation of a person's criminal history.
Arrest records mainly contain information like the subject's name, description, photograph, booking ID, date and time of the arrest, location, reason for arrest, and arresting agency. Unlike criminal records, individuals can file a petition to expunge arrest records without charges after a year.
South Carolina Police Records
South Carolina police records are on-ground reports of crime in the area. It documents interactions between the police and residents. Police records include narrations of the incident, officer reports, witness statements, arrest data, crime trends, investigation reports, booking details, and charges.
Police reports are public records, but the Police Departments exercise discretionary rights to restrict citizens' access to sensitive documents. Primarily records that compromise an individual’s privacy and safety, endanger witnesses or victims, and interfere with state security and investigations of law enforcement agencies. These may include personally identifiable information (social security number, phone numbers, home address, or telephone), medical or mental health information, fingerprints, juvenile records, and audio recordings of 911 calls.
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