South Carolina Arrest Records

Are Arrest Records Public in South Carolina?

The South Carolina Freedom of Information Act authorizes public access to arrest records. However, this access is not limitless. While it is true that a considerable portion of any arrest record is open to the public, some parts are restricted to only a few entities (e.g., the subject of the record and criminal justice agencies). In some cases, the entire record may be held from public inspection.

Section 30-4-40 (3) of the South Carolina Code of Laws highlights situations where an arrest record may not be disclosed to the public. For instance, where disclosure would:

• Interfere with a prospective law enforcement proceeding
• Constitute an unreasonable invasion of personal privacy
• Strip a person of the right to a fair trial or an impartial adjudication
• Reveal a confidential source
• Endanger a person's life or physical safety
• Reveal the current procedures and techniques for law enforcement investigations or prosecutions, or reveal the current guidelines for police investigations or prosecutions if the disclosure would risk circumventing the law
• Reveal the contents of intercepted electronic, oral, or wire communications not otherwise divulged during a trial.

South Carolina arrest records pertain to law enforcement documents describing misdemeanor, felony, or other arrests that occurred within the state. Typically, an arrest record is generated by the police after a person's apprehension, and it is featured in the individual's South Carolina criminal records if they are convicted.

What is Considered an Arrest Record in South Carolina?

Each U.S. state has a set of laws prohibiting criminal activity or conduct. Violating any of these laws means that one can be arrested, detained, cited, or summoned by the police and made to answer for the transgression. When this violation leads to a person's arrest, it triggers certain events, including the creation of an arrest record.

In South Carolina, an arrest record is a report generated after a person is apprehended or detained for a criminal act. The record bears details about an individual's arrest, such as what happened, where it happened, who is liable to face prosecution, and who carried out the arrest operation.

Note: A South Carolina arrest search refers to the process of obtaining arrest-related information from custodian agencies.

What is Contained in an Arrest Record?

The information in an arrest record includes:

• Personal identifiers and physical description: The arrestee's full name, address, birth date, age, contact information, social security number, photograph, fingerprints, height, weight, race, eye color, hair color, scars/tattoos/birthmarks.
• Arrest information: Bail amount, the arrest time/date and place, the arresting officer/agency.
• Crime information: Filed criminal charges, classification of the alleged crime (felony, misdemeanor), description of the criminal incident.
• Court information: Next court date, the name of the court with jurisdiction.

Who Can Access Arrest Records in South Carolina?

Everyone. There is no individual or group barred from accessing arrest records in South Carolina. Hence, insurance companies, employers, friends, family, colleagues, and more can access these records. The only instance where an arrest record will not be released to the public is if its disclosure is contrary to law or court order.

South Carolina Arrest Statistics

The Crime in South Carolina reports released by the South Carolina Law Enforcement Division (SLED) contain state-specific crime data. Among data presented in these reports are arrest figures, rates, and trends for each year since 1993, minus 2001 (this data is not available).

On an annual basis, South Carolina sees no fewer than hundreds of thousands of arrests. Per the 2019 publication of Crime in South Carolina, the state recorded 177,324 arrests in 2019. This total was further split into arrests occurring to adults and juveniles, crime categories, and the sex and race of arrestees.

Accordingly, there were 165,456 adult arrests and 11,858 juvenile arrests in the state. Of the adult arrest numbers, 123,167 males and 42,289 females were arrested. While for juveniles, 8,598 males and 3,270 females were apprehended by the police. In both groups, males had a higher frequency of arrests.

For adults, drug law violations were the primary cause of arrests. The total recorded by the state was 37,390, approximately 23% of the 165,456 adult arrests in 2019. The next was larceny, which accounted for 20,784 (about 13%) of the total arrests that year.

In the juvenile category, the crime that contributed to the most arrests was simple assault (2,208 arrests), followed by drug law violations (1,650 arrests) and larceny (1,617 arrests).

How Do I Lookup Someone's Arrest Records in South Carolina?

Arrest records are kept on file at law enforcement agencies. This means that any entity who wants to look up someone's arrest record must query the police department or sheriff's office responsible for the arrest. However, since an arrest record also shows up on a criminal background check, the interested party can also query the South Carolina Law Enforcement Division (SLED) for the record.

Requests to a local law enforcement agency can be tendered by visiting the agency's physical location. To view an arrest record, the party must provide certain information about the case and pay the assessed fee (if applicable) to the records division or unit. Some agencies may provide a request form on their websites, which can be completed by the requester and submitted by mail or in person. Emailing the form may also be an option.

On the other hand, sending a request to SLED means obtaining someone's complete criminal history in South Carolina. Unlike the arrest records provided by the local law enforcement agencies, a SLED criminal history report will not just provide information about arrests but also an individual's convictions. Interested persons may use SLED's online database (called CATCH or Citizens Access to Criminal Histories) to view and print the records. Mail requests are available too.

People using CATCH should note that a $25 non-refundable fee will be charged to their credit or debit card for each search, except the searcher is eligible for a reduced fee. Per the law, charitable organizations are qualified to pay only $8 per search. If the subject of the record is a bus driver or bus driver aide, the fee is also reduced to $8. There is no charge if the subject of the record is a prospective or substitute teacher and the researcher is a local school district. Regardless of if one must pay the complete $25 fee or not, a $1 convenience fee is still required to use the online system.

Alternatively, individuals can send mail requests to SLED. This involves completing and submitting a Criminal Records Check Form to the department's mail address at:

SLED Records Department
P.O. Box 21398
Columbia, SC 29221-1398

The fee assessed for mail requests is the same as for online requests. This fee can be paid by business check, certified check, cashier's check, or money order.

How to Subpoena Arrest Records in South Carolina

A subpoena is a writ released by the court to compel someone to appear in court, produce documents, or both. In South Carolina, there are different kinds of subpoenas that a court can issue upon a person's request. When the objective is to make another person release and permit the inspection/copying of certain books, papers, materials, documents, electronically stored information, photographs, and other tangible things, the appropriate subpoena to ask for is the Subpoena Duces Tecum (also known as a document subpoena).

The need for a subpoena duces tecum typically arises in judicial proceedings when a case party wants to obtain records that are not accessible under the state's Freedom of Information Act or otherwise releasable.

Rule 45 of the South Carolina Rules of Civil Procedure governs the subpoena process for civil proceedings. Whereas for criminal proceedings, Rule 13 of the South Carolina Rules of Criminal Procedure applies. Despite these separate rules, the subpoena procedures for criminal and civil court cases somewhat overlap.

Generally, obtaining a subpoena for an arrest record is a two-part process. First, a subpoena form has to be signed and issued by the appropriate authority. The issuing officer can be the court clerk or an authorized attorney. The state judiciary provides court-approved subpoena forms on its website, which can be retrieved by typing "subpoena" into the "Search #2: Forms by Title" search box.

The next process after the subpoena is issued (and a copy served on each party of the case if needed) is the service process. The subpoena must be served on the records custodian to whom it is addressed. Service can be performed by the county sheriff, the sheriff's deputy, or a non-party above 18 years old. Note that a $10 fee is payable to the sheriff's office for service (S.C. Code Ann. § 23-19-10).

Another requirement of the service process is that a Proof of Service must be filed with the court after the performance of service. The document must bear the name of the person served and the date and manner of service, and it must be certified by the server.

Per the law, a subpoenaed records custodian typically has 14 days after service or before the time indicated for compliance to produce a record and permit inspection or copying. However, it should be noted that the court has the right to quash or modify a subpoena that imposes undue hardship or expense on the subpoenaed party. Hence, legal advice or a solid understanding of the law is needed when subpoenaing an arrest record in South Carolina.

How to Search for an Inmate in the South Carolina Prison System

The South Carolina Department of Corrections (SCDC) and Department of Juvenile Justice (DJJ) oversee offenders in the state's prison system. The SCDC caters to the housing, feeding, security, and rehabilitation of adult inmates (people aged 17 and older). Meanwhile, the DJJ oversees the custody, care, and rehabilitation of juvenile inmates.

Juvenile records typically have restricted access in South Carolina. Hence, unless someone is family, a legal guardian, or an authorized entity, it is most likely that the individual will be unable to search for a juvenile offender being supervised by the Department of Juvenile Justice.

However, an individual who wants to find an inmate in the state adult prison system can use the Inmate Search tool featured on the SCDC's website or call the toll-free line, (866) 727-2846. Inmate searches can be performed on the site with an inmate's SCDC ID or SID (state identification). If both are unknown, the inquirer can use the inmate's first or last name to retrieve results. For anyone using a name to search, there is an additional "phonetic search" option that can be used to obtain records that sound similar to an inmate's name.

An SCDC inmate search will return the following basic information about an inmate:

• SCDC ID
• Full name
• Sex
• Race
• Height
• Weight
• Age

Clicking on the row of the applicable inmate brings up more detailed information:

• Physical description and photograph
• Sentence and location
• Current offenses
• Escapes
• Disciplinary sanctions
• Movement
• Earned word credits
• Earned education credits
• Certificates
• Programs

The SCDC Inmate Search tool does not provide information on people incarcerated in county detention facilities, only those in state prisons. For inmates in those facilities, the appropriate agency to contact about the inmate's location is the supervisory law enforcement agency (the county sheriff's office or police department). Like the SCDC, local law enforcement agencies provide inmate inquiry tools on their websites.

How Do I Find Out if Someone Was in Jail in South Carolina

To find out if someone was arrested or jailed in South Carolina, one should have an idea of the state or local agency that may have had custody of the offender. This will determine how the interested party can obtain the information.

For example, if the South Carolina Department of Corrections (SCDC) had jurisdiction, then using the SCDC's online inmate search tool would yield zero results as the tool only disseminates information about current inmates. Instead, the inquirer must contact the SCDC directly for the information.

On the other hand, if the presumed inmate is a resident, their local detention facility or sheriff's office can be queried. An inquirer may also be able to retrieve an inmate's date of release by searching the online database provided on a local sheriff's website. Some agencies (e.g., Beaufort County) may publish a list of people released within the past 24 hours or some days back.

The final option, and maybe the most effective one, is to run a background search on the individual. This search will bring up conviction information (if any exist).

How to Find Recent Arrests in South Carolina

The easiest way to find criminal records in South Carolina is online via the Citizens Access To Criminal Histories portal. This portal allows anyone to perform a name-based search for $25.00 per subject.

Alternatively, individuals can complete and submit a Criminal Records Check Form to the department's mail address. The requester must complete the form with the subject’s details, including name, date of birth, and social security numbers (optional). The requester must include payment in the form of a certified check or money order. Only then can the requester enclose the application in a self-addressed stamped envelope and mail it to the State Law Enforcement Division or submit it in person at:

SLED Records Department
P.O. Box 21398
Columbia, SC 29221-1398

How Long Do South Carolina Arrest Records Stay on File?

In South Carolina, the Archives and Records Management Division of the Department of Archives and History prepares general retention schedules for the state's agencies and local governments. These schedules allow for the proper management of records and the legal minimum retention and disposition periods for original records. (Copies can be destroyed at any time when they have no further use.)

The General Records Retention Schedules for County Records, drafted from Chapter 12, Article 5 of the S.C. Code of Regulations, contains the retention periods for original arrest records in the possession, custody, or control of the county sheriffs:

• Criminal history records: These records contain the cumulative history of anyone arrested for a crime by the sheriff's department. The records are kept until the subject dies or turns 75 years old, whichever is earlier. Afterward, the records can be destroyed.
• Juvenile booking records: Records of juveniles arrested and booked by county law enforcement. These records are retained until three years after the subject reaches the age of majority (18 years old), then destroyed.
• Booking reports: Records of people arrested and booked by the sheriff's department. The records are retained for ten years, then destroyed.
• Arrest cards: The card system serves as a record of arrests in the sheriff's office. These are kept for five years, then destroyed.
• Mug shots: Photographs of persons who have been arrested and charged. These records are retained until obsolete or of no further value.

Law enforcement agencies at the municipal level (police departments) have similar retention schedules, which can be found in the General Records Retention Schedules for Municipal Records or Chapter 12, Article 6 of the S.C. Code of Regulations.

However, note that the above only serve as general guidelines that South Carolina agencies may use to retain and dispose of their official records. Per the law, agencies can opt-out of using the general schedules and establish specific retention schedules instead.

Are Arrest Reports Public in South Carolina?

Arrest reports in South Carolina are generally subject to the state's public record laws. An arrest report is a document created when a law enforcement officer apprehends an individual. Generally, law enforcement will apprehend a person when there is an arrest warrant for a suspected crime. They can also make arrests without warrants if it is deemed necessary. The arresting officer must generate an arrest report explaining the circumstances under which the arrest was made. The arrest report will also contain information on the outcome of arrest like court arraignment. An arrest report can be a stand-alone document or part of a person's criminal record. Arrest report is just an aspect of the police records that is compiled by law enforcement. Although arrest reports include police records, the latter are not included in the former. Police records is a collection of police reports, police logs, and incident reports. Arrest reports alone cannot be used to establish a criminal record because people arrested are not always convicted of their charged crimes.

How to Obtain Arrest Records for Free in South Carolina?

Usually, requesting a paper or electronic arrest record in South Carolina involves paying a small fee to access the document. However, it may be possible to obtain free arrest records from the websites of law enforcement agencies. An individual may check the applicable agency's site for a search tool to retrieve arrest records at no cost.

How to Search for a South Carolina Arrest Record Online Using a Third-Party Search Service

Third-party search services allow members of the public to find records open under South Carolina's Freedom of Information Act. Because these services source information from government repositories, an individual may be able to track down a South Carolina arrest record - and in less time than it would take in a government office.

Each third-party search service maintains an online records database. Hence, to search for a South Carolina arrest record, one must navigate to the preferred site and enter the subject of the record's first or last name into the embedded search box. It should be noted that a primary requirement for using a third-party search service is that an individual must often pay a small fee to obtain the complete arrest report. What is obtainable for free may be incomplete, outdated, or inaccurate.

How to Correct an Arrest Record in South Carolina?

Anyone who spots a mistake in their South Carolina arrest record should immediately ask the law enforcement agency that generated or maintains the record to correct it. The agency can be contacted or visited for step-by-step instructions. Sometimes, this information can be found on the agency's official website.

How to Expunge Arrest Records in South Carolina

An arrest record does not indicate a person's guilt regarding a crime. Nevertheless, this does not usually stop the public from perceiving it as such. As a result, the subject of an arrest record may struggle to find suitable jobs, housing, or loans.

South Carolina establishes expungement laws to counteract the adverse effects of an arrest record and give ex-offenders a fresh start. An expungement means that the records of an arrest or conviction will be removed from one's criminal record or rap sheet. However, only records listed in S.C. Code Ann. § 17-22-910 (the Uniform Expungement of Criminal Records Act) can be obliterated in the state.

The eligible records are usually those created because of minor or first-time offenses, where the subject had no additional criminal convictions within a certain period. For example:

• A first-offense misdemeanor conviction under the Fraudulent Check Law, provided no other criminal convictions occurred within one year from the conviction date.
• Charges dismissed after completion of the Pretrial Intervention (PTI), Traffic Education (TEP), or Alcohol Education (AEP) Program.
• First-offense drug possession charge where the defendant received and completed conditional discharge.
• Conviction of a charge carrying a maximum penalty of up to 30 days, a fine of up to $1,000, or both, provided no other convictions occurred within three years from the conviction date (five years for Domestic Violence 3rd Degree or Criminal Domestic Violence)
• First-offense conviction under the Youthful Offender Act, provided no convictions occurred within five years of completing the sentence, including probation and parole.
• First-offense misdemeanor conviction for Failure to Stop For Blue Lights, provided no other convictions occurred within three years after completing the sentence.
• First-offense Possession with Intent to Distribute, provided no additional convictions happened within the twenty years of completing the sentence, including probation and parole.
• First-offense simple possession of a controlled substance, provided no other convictions occurred within the three years of completing the sentence, including probation and parole.
• Dismissed, nol prossed (not prosecuted), or no-billed charges, and not guilty verdicts.
• Eligible juvenile records:
  • Subject at least 18 years old
  • Completed any imposed sentence
  • Status or non-violent offense
  • No subsequent adjudication for or conviction of any criminal offense
  • No pending criminal charges in the family or general sessions court

Generally, to begin the expungement procedure in South Carolina, one must apply to the Solicitor's Office in the judicial circuit of the arrest. The application form and details on the process can be obtained from the relevant solicitor's website or by contacting the office. (However, if seeking the expungement of a non-conviction in the magistrate or municipal court, the clerk's office in that court should be contacted to obtain the necessary paperwork.)

There is a $250 administrative fee, $25 verification fee, and $35 filing fee that an individual must pay to the Solicitor's Office, SLED, and Clerk of Court, respectively. However, expungement is free for dismissed, not prosecuted, or no-billed charges and not-guilty verdicts. More details about the expungement process can be obtained from the state judiciary's FAQ brochure.

Note that an expungement can withdraw an arrest record from public access in South Carolina, but it might not destroy the record. According to S.C. Code Ann. § 17-1-40(B)(1)(a), law enforcement and prosecution agencies can retain the record under seal for three years and one hundred twenty days. The record can also be retained indefinitely for ongoing or future investigations, prosecution purposes, administrative hearings, or to defend the prosecution or law enforcement agency and the agency's employees in litigation proceedings.

South Carolina's expungement process may be somewhat complex and time-consuming. As such, legal counsel is recommended, especially for first-time applicants.