South Carolina Arrest Records

According to the Crime in South Carolina statistics report published by the SLED (South Carolina Law Enforcement Division), 166,498 arrests were made in the state in 2022, a 0.8% increase from the 165,186 arrests recorded in 2021. The top five offenses for which arrests were made in the state in 2022 were drug law violations (31,687), simple assault (16,200), larceny-theft offenses (14,156), driving under the influence (12,289), and disorderly conduct (8,482).

The data published by the SLED in the Crime in South Carolina report is based on the monthly incident and arrest report submitted to the Division by state and local law enforcement agencies as required under S.C. Code Ann. § 23-3-120, S.C. Code of Reg. 73-30.

What Is an Arrest Under South Carolina Law?

The South Carolina Judicial Branch defines arrest as a deprivation of personal liberty arising from a restriction on a person's right to move , against their will and by threat, force, or assertion of authority. Note that in recognition of the seriousness of an interference with a person's individual right to liberty, the South Carolina and the United States Constitutions placed restrictions on the power of arrest. Both laws mandate that no individual may be deprived of liberty, life, or property without due process of law.

Type of Arrests in South Carolina

An arrest in South Carolina may typically be made with or without a warrant.

Warrant Arrest

South Carolina law enforcement may make a warrant arrest with an arrest warrant or bench warrant.

The process for an arrest with a warrant begins when a law enforcement officer appears before a magistrate or municipal judge and submits a sworn affidavit seeking the arrest of an individual. Note that under Section 40-18-110 of the South Carolina Code, a security officer is authorized to sign an arrest warrant on a suspect who has committed an offense on the property the security officer is contracted to protect.

After a law enforcement officer completes the affidavit, it must be signed by both the officer and the magistrate or municipal judge to become active. However, before the magistrate or municipal judge signs the arrest warrant, they will determine whether there are sufficient grounds to believe that the arrestee committed the alleged offense. An arrest warrant will include a specific description of the person to be seized. While the accused's name may not be on the warrant, sufficient positive identification of the accused is required in the warrant such that it leaves the arresting officer with no discretion to arrest more than one individual.

Arrest warrants are active for 90 days in South Carolina. If the person named on it has not been apprehended within that time period, law enforcement must obtain a new warrant to arrest the individual or petition the court for successive 90-day periods to delay the action of the warrant if there is reasonable cause for the delay.

A warrant arrest may be made with a bench warrant. A bench warrant is not used to initiate a criminal action. It is issued by a judge to bring an accused back before a court on a specific charge for a particular purpose after the court has obtained jurisdiction over the accused under a previously served proper charging paper. Bench warrants may be issued when an accused fails to appear in court, where a defendant, under sentence, fails to pay a fine or comply with the sentence, or where a witness, having failed to respond to a subpoena, must be brought before the court.

Warrantless Arrest

Per Section 16-25-70 of South Carolina laws, a law enforcement officer may arrest a person without a warrant at the individual's place of residence or elsewhere if the arresting officer has probable cause to believe the individual is committing or has freshly committed a misdemeanor or felony under Sections 16-25-20, 16-25-65, or 16-25-125 of South Carolina laws, even if the act did not occur in the presence of the arresting officer.

What Are South Carolina Arrest Records?

South Carolina arrest records are generally the documentation of all instances where an individual has been seized or deprived of their personal liberty by law enforcement agencies in South Carolina. These records do not typically state whether arrested persons were convicted or the sentences imposed if they were convicted. You will need a criminal history record if you want comprehensive information about arrests, convictions, and sentences. Hence, even though some use an arrest record when referring to a criminal record, they are typically not the same.

A South Carolina arrest record typically includes the following information:

• The full name of the arrestee
• Other personal information, such as the birth date, hair color, eye color, age, fingerprints, address, weight, and height of the arrestee
• The offense and the classification of the offense for which the arrestee was arrested
• Booking information such as the name of the arresting agency and mugshots of the arrestee

How Can Arrest Records Be Accessed in South Carolina?

Pursuant to the South Carolina Freedom of Information Act, government agencies are legally required to allow public access to government records. When a person is arrested in the state, information relating to such an arrest is considered a public record and accessible to anyone who makes a proper request.

You may request South Carolina arrest records in the following ways:

SLED CATCH Database

The South Carolina Law Enforcement Division (SLED) allows the public to search arrest records via its Citizens Access to Criminal Histories (CATCH) database. Users may search using the subject's first and last name and date of birth. The search costs $25, but charitable organizations are allowed to pay $8. Most major credit and debit cards are accepted.

Alternatively, you may make a request to the SLED by mail. Send a completed Criminal Record Check form and a business check, certified or cashier's check, or money order payable to SLED to:

South Carolina Law Enforcement Division

P.O. Box 21398

Columbia, South Carolina 29221-1398

South Carolina Judicial Branch Case Record Search

The South Carolina Judicial Branch provides an online resource for searching case records for court proceedings in the state. If an arrest led to a court proceeding in South Carolina, you may be able to use the case record search tool to access arrest information for the subject of the record. You may search for case information using the subject's name, case number, or attorney information.

Local South Carolina Courts

You may visit the address of a South Carolina court to access case information from a public access terminal available at the premises of the courthouse. If a public access terminal is not available, you may contact the clerk of the court to make an inspection or copy request for a court record. You may be able to access an arrest record as part of the court record maintained by the clerk.

County Sheriff's Offices and Local Police Departments

Police departments and county sheriff's offices maintain records of arrests made by officers within their jurisdiction. You may visit the office of the sheriff or police department where an arrest was filed to access a record of that particular arrest. In some jurisdictions, the county sheriff or police department may provide an online resource for requesters to search arrest records.

Third-Party Websites

Third-party websites generally offer a popular alternative to official government channels for obtaining arrest records. Such websites typically provide convenient and quick access to arrest records for a fee. While the state's official arrest records are available through the South Carolina Law Enforcement Division (SLED) and local courts, third-party sites aggregate data from various public sources, making it easier for users to search in South Carolina and across multiple jurisdictions. However, these third-party websites may not always be up-to-date or accurate, as expunged records may not be reflected.

How Long Will an Arrest Report Stay on Your South Carolina State Records?

South Carolina arrest records typically remain on the criminal records of the individuals involved for life unless they have been sealed or expunged. Sealing or expunging an arrest record makes it inaccessible to the public.

County sheriffs in South Carolina follow the General Records Retention Schedules for County Records, based on Chapter 12, Article 5 of the state's regulations, to manage arrest records in their possession. Criminal history records are typically kept until the individual dies or turns 75. Booking reports remain on file for ten years, while arrest cards are retained for five years. Mugshots are kept until they become outdated or lose relevance. Juvenile arrest records are retained for three years or until the individual turns 18. Note that these are general guidelines; South Carolina allows agencies to set their own record retention schedules.

Can You Expunge Your Arrest Records in South Carolina?

An expungement is generally a legal process allowing individuals to clear their criminal records under specific conditions. In South Carolina, expungement is a court-issued order to destroy arrest records. It works for first-time or minor crimes in the state. Expunged arrest records are removed from the criminal records held by South Carolina law enforcement agencies.

Expungement is available under the following conditions and for specific offenses as listed:

• If a person is arrested and charged but the charges are dismissed, the Solicitor does not go through with prosecuting (nol prossed), or where an individual is found not guilty
• Charges were after a pre-trial intervention program, also known as a PTI program the Solicitor dismisses them.
• Charges are dismissed by the Solicitor after the individual goes through an Alcohol Education program successfully.
• Once the individual goes through a Traffic Education program the charges are dismissed fully.
• The offense is a first-time misdemeanor. Thanks to the Fraudulent Check Law it's possible to have the offense expunged after 12 months without another conviction.
• A first-time offense involving the possession of marijuana or some other illegal drugs. In instances where the defendant receives a condition discharge, it's possible to get the crime expunged. This is only possible after going through the various requirements tied to the sentencing.
• Expungement is possible for convictions with crimes that have no more than a 30-day penalty or a fine of $500. Once the individual manages to go three years without another conviction on most crimes, or five years if it's for a first-time domestic violence charge, the crime can be expunged.
• First offense conviction for a crime carrying a penalty of no more than 30 days imprisonment, a fine of $500, or both. This conviction qualifies when there are no other convictions for three years or five years for a first-offense criminal domestic violence conviction
• Expungement may be possible for first-time charges based on not stopping when signaled by law enforcement. If the offense didn't involve any bodily harm and the individual completes the charge requirements and hasn't had another conviction for at least three years an expungement is possible.
• Young first-time offenders can often have their crimes expunged if they're between 17 and 24 years old, they go more than five years without another crime, and their offense is non-violent between a misdemeanor or a Class D, E, or F felony. Charges must not be greater than 15 years in prison to qualify.
• Juvenile offenders can also qualify if they are over 18, they completed their sentence, and received no other conviction after the initial offense. It's also essential the offender doesn't have a previous conviction with more than 5 years of imprisonment.

In South Carolina, expungements are primarily handled by the Solicitor's Office, except for cases of non-convictions within Municipal or Magistrate Courts. You must contact the court's clerk if your case involves a non-conviction. The clerk's office will make the proper paperwork available to you and help with processing the expungement.

For all other expungement requests, your initial task is to talk with the judicial circuit Solicitor's office where things began. Each Solicitor's Office has a designated staff member responsible for managing expungements. The staff will guide you through the specific steps you need to follow in that particular circuit.

Typically, you will be required to fill out an expungement application, though the exact information and documentation required can vary by circuit. Sometimes, you may need to submit required court document copies concerning any case charges. There are also fees involved in the expungement process. You should expect to pay $250 as an administrative fee at the Solicitor's Office, as well as a $35 fee for filing paperwork to the clerk of the court you worked with. There's also a $25 fee that goes to SLED (South Carolina Law Enforcement Division). These fees must be paid separately with money orders at the time of filing. The fees are non-refundable even when the crime is deemed non-expugnable. It's important to note that not all cases require any fees. For example, if your charges were dismissed or not prosecuted (nol prossed) without a plea deal, no fees are required for expungement.

After submitting your application for expungement, the Solicitor's Office will check if your record is eligible. Afterward, the SLED will also confirm your eligibility. If SLED approves the expungement, the Solicitor's Office will get the approval by the circuit court judge as well as the Solicitor. Once the judge gives an approval for the request, the arrest record will be ordered for destruction.

Under South Carolina law, you will get a completed copy of your expungement order from the Solicitor. You may have to wait 1-2 months to acquire the copy of your record from the SLED to ensure the expungement instructions were carried out. The SLED charges a $25 fee to obtain an electronic or print copy of your record via the mail. According to Section 17-22-150 (a) of the South Carolina Code, you do not have to acknowledge charges after completing pretrial intervention or conditional discharge from simple possession.

Is a Citizen's Arrest Legal in South Carolina?

Sections 17-13-10 and 17-13-20 of the South Carolina Code contain the statutes for citizen's arrests in South Carolina. These laws were codified in 1865 but have experienced some changes and a substantial rewrite since then.

Section 17-13-10 of the South Carolina code states that upon witnessing the commission of a felony, certain information that a felony has been committed, or view of a larceny committed, an individual may arrest the felon or thief.

Per Section 17-13-20 of the state code, a citizen may arrest another individual in the nighttime by efficient means as the darkness and the odds of escape make necessary, even if it means taking the life of the other person when the person:

• Has entered a dwelling unit without implied or express permission
• Has committed a felony
• Has in their possession stolen property
• Has broken into or is breaking into an outhouse with the intent to plunder
• Being under circumstances raising just suspicion of their design to steal or commit a felony, flees when they are hailed

How to Look Up Arrest Warrants in South Carolina

You may look up arrest warrants in South Carolina in the following ways:

Local Law Enforcement Search

Local law enforcement agencies such as police departments and county sheriff's offices maintain information about arrest warrants issued by their agencies. Hence, if you are able to identify the jurisdiction where an arrest warrant was or may have been issued for you or an individual, you may visit the address of the law enforcement agency to search their database. As some jurisdictions make their arrest warrant database available online, you may be able to check their warrant history from the comfort of your home without having to visit the agency's address in person. For instance, you can perform an online warrant search on the Charleston County Sheriff's Office website using the last name or a combination of an individual's last and first names.

South Carolina Court System

You may explore local court websites or visit their locations to search for issued warrants. However, this method is only effective if you are able to identify the court where the judge who signed the warrant sits or the court where the court proceedings for the arrest (if the case proceeded to court) ensued. The clerk of the court is the official custodian of court records in the state. Hence, if you visit the court to look up an arrest warrant, your contact court staff should be the clerk.

Third-Party Websites

There are typically a range of third-party websites offering lookup services for arrest warrants across the United States, including those for South Carolina. While most of these sites charge a fee for their services, their databases may not be current or valid.

Hiring an Experienced Attorney

Consulting an attorney may be a prudent option when searching for arrest warrants in South Carolina. Such an experienced legal professional may help you navigate the legal hoops and clarify the implications of your warrant (if one is found). They may negotiate terms and alleviate penalties or facilitate a resolution if required.