Arrest records in Berkeley County, South Carolina are public documents accessible to all citizens pursuant to the South Carolina Freedom of Information Act (FOIA), S.C. Code Ann. § 30-4-10 et seq. These records are maintained as part of the public record to ensure transparency in governmental operations and accountability within the criminal justice system. The South Carolina Public Records Act specifically designates arrest records as public information that must be disclosed upon proper request, with certain limited exceptions for ongoing investigations or juvenile records as outlined in S.C. Code Ann. § 30-4-40.
Members of the public seeking arrest records may obtain them through various governmental agencies including the Berkeley County Sheriff's Office, the Berkeley County Clerk of Court, or the South Carolina Law Enforcement Division (SLED). These agencies maintain repositories of arrest information as mandated by state statute and administrative regulations. Requestors should be aware that while the records are public, certain administrative fees may apply for document retrieval and reproduction in accordance with S.C. Code Ann. § 30-4-30(b).
Berkeley County arrest records are available through several online platforms maintained by county and state agencies. The Berkeley County Sheriff's Office maintains a digital database that provides public access to current and recent arrest information pursuant to S.C. Code Ann. § 23-3-120, which authorizes law enforcement agencies to disseminate criminal history information.
The South Carolina Judicial Branch also maintains the Public Index, an online portal where court records, including those related to arrests and subsequent court proceedings, can be accessed. This system operates under the authority of the South Carolina Supreme Court's administrative order regarding public access to court records.
Online access to these records is subject to certain limitations established by S.C. Code Ann. § 30-4-40, which protects specific categories of information from disclosure, including but not limited to:
Users of online systems must comply with terms of use agreements that prohibit the commercial use or mass harvesting of arrest record data without proper authorization.
Berkeley County provides multiple channels through which members of the public may access arrest records. The following procedures have been established in accordance with S.C. Code Ann. § 30-4-30, which outlines the methods by which public records may be requested and obtained:
Requestors seeking records in person should visit:
Berkeley County Sheriff's Office
223 North Live Oak Drive
Moncks Corner, SC 29461
Phone: (843) 719-4412
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Berkeley County Clerk of Court
300-B California Avenue
Moncks Corner, SC 29461
Phone: (843) 719-4400
Hours: Monday-Friday, 9:00 AM - 5:00 PM
Pursuant to S.C. Code Ann. § 30-4-30(b), agencies may charge reasonable fees for the search, retrieval, and redaction of records. Current fee schedules are available at each agency's public counter or official website.
Berkeley County arrest records contain standardized information as prescribed by S.C. Code Ann. § 23-3-120 and the South Carolina Criminal Justice Records Improvement Plan. These records typically include the following elements:
The comprehensiveness of arrest records may vary based on the nature of the offense, the arresting agency's protocols, and the stage of the criminal justice process. Records maintained in the central repository are subject to quality control measures as outlined in S.C. Code Ann. § 23-3-130, which requires periodic audits to ensure accuracy and completeness.
Under South Carolina law, specifically S.C. Code Ann. § 17-22-910 through § 17-22-950, certain individuals may petition for expungement of arrest records in Berkeley County. Expungement is the legal process by which arrest records are removed from public access and, in some cases, destroyed.
Eligibility criteria for expungement in Berkeley County include:
The expungement process requires submission of a petition to the Berkeley County Solicitor's Office, payment of applicable fees as established in S.C. Code Ann. § 17-22-940, and judicial review. If granted, an expungement order directs all relevant agencies to remove the record from public access.
Expungement petitions must be filed with:
Berkeley County Solicitor's Office
300 California Avenue
Moncks Corner, SC 29461
Phone: (843) 719-4530
Hours: Monday-Friday, 8:30 AM - 5:00 PM
Applicants should note that pursuant to S.C. Code Ann. § 17-22-950, certain governmental agencies may retain expunged records for limited purposes, and expungement in South Carolina does not necessarily affect federal records or records maintained in other jurisdictions.