Arrest records are public in Aiken, South Carolina, pursuant to the South Carolina Freedom of Information Act (FOIA), S.C. Code Ann. § 30-4-10 et seq. This legislation establishes the public's right to access government records, including those pertaining to arrests made by law enforcement agencies. The South Carolina FOIA specifically designates arrest records as public information to promote governmental transparency and accountability in the criminal justice system. Members of the public may inspect these records during normal business hours at designated government facilities or through authorized online portals maintained by Aiken County and municipal authorities.
The public nature of these records serves multiple civic purposes, including:
Certain limited exceptions to public disclosure may apply in cases involving juvenile offenders, ongoing investigations, or where disclosure would constitute an unreasonable invasion of personal privacy as determined by judicial review.
The Aiken County Sheriff's Office and the City of Aiken Department of Public Safety maintain arrest records within their respective jurisdictions. Multiple methods exist for accessing these public records, each with varying levels of comprehensiveness and convenience. Pursuant to S.C. Code Ann. § 30-4-30, public bodies must respond to record requests within 10 business days.
Members of the public may obtain arrest records through the following official channels:
Visit the Aiken County Sheriff's Office Records Division in person at 420 Hampton Avenue NE, Aiken, SC 29801. Operating hours are Monday through Friday, 8:30 AM to 5:00 PM. A valid government-issued photo identification is required, and applicable fees may apply for copies of records.
Contact the City of Aiken Department of Public Safety at 251 Laurens Street NW, Aiken, SC 29801. The Records Division is open Monday through Friday from 8:00 AM to 5:00 PM. Call 803-642-7620 for information about public safety reports.
Access the Aiken County Government online portal, which provides limited arrest information through its public records database. Users must register for an account and may be subject to nominal search fees.
Submit a written FOIA request to the South Carolina Law Enforcement Division (SLED) at P.O. Box 21398, Columbia, SC 29221, for statewide criminal history information. SLED charges $25 per record search as authorized by S.C. Code Ann. § 23-3-115.
Utilize public access terminals available at the Aiken County Public Library, located at 314 Chesterfield Street SW, Aiken, SC 29801. These terminals provide access to certain public record databases during regular library hours.
Arrest records maintained by Aiken County law enforcement agencies contain standardized information as required by S.C. Code Ann. § 23-3-120. These official documents serve as the factual account of an individual's interaction with law enforcement resulting in detention or arrest. The South Carolina Criminal Justice Records Improvement Act mandates specific content requirements to ensure consistency across jurisdictions.
A standard Aiken arrest record contains the following elements:
The Aiken Municipal Court maintains records of case proceedings resulting from arrests within city limits, while the Aiken County Magistrate Court handles cases from unincorporated areas of the county.
The expungement process in Aiken County provides a legal mechanism for the removal of arrest records from public access under specific circumstances defined by South Carolina law. Pursuant to S.C. Code Ann. § 17-22-910 through § 17-22-950, certain individuals may petition for expungement when their cases meet statutory criteria. The South Carolina Department of Probation, Parole and Pardon Services administers the expungement program in coordination with local courts.
Eligibility for expungement in Aiken County is limited to the following circumstances:
The expungement procedure requires filing a petition with the Aiken County Clerk of Court at 109 Park Avenue SE, Aiken, SC 29801. The application fee is $310, which includes a $250 administrative fee, $25 filing fee, and $35 for SLED verification. Applicants must also obtain consent from the Solicitor's Office of the Second Judicial Circuit located at 109 Park Avenue SE, Aiken, SC 29801.
Upon approval, all public records of the arrest are removed from public access, though certain law enforcement and prosecutorial agencies maintain sealed records for internal purposes as permitted by S.C. Code Ann. § 17-22-950(A).