Arrest records are public in Charleston, 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 Public Records Act further reinforces this accessibility by classifying arrest records as public documents that must be made available for inspection and copying during normal business hours.
The Charleston Police Department maintains these records in accordance with state law and departmental policies. Members of the public seeking arrest information may obtain these records through established procedures, subject to certain exemptions and redactions as provided by law. These exemptions typically pertain to ongoing investigations, juvenile records, and information that might compromise public safety if disclosed.
Public access to arrest records serves multiple governmental interests, including transparency in law enforcement operations, accountability of public officials, and the public's right to be informed about matters affecting community safety.
The City of Charleston provides multiple channels through which members of the public may access arrest records. Pursuant to established procedures, interested parties may utilize the following methods to obtain this information:
Charleston Police Department Records Division
180 Lockwood Boulevard
Charleston, SC 29403
(843) 720-2401
Charleston Police Department
Operating hours are Monday through Friday, 8:30 a.m. to 5:00 p.m., excluding holidays. Requestors must present valid government-issued identification and complete the designated request form.
Online Portal Access: The Charleston County Sheriff's Office maintains an online inmate search system accessible through the county's official website. This database is updated regularly and provides basic arrest information for individuals currently in custody.
Charleston County Clerk of Court: Court records related to arrests may be accessed through:
Charleston County Clerk of Court
100 Broad Street, Suite 106
Charleston, SC 29401
(843) 958-5000
Charleston County Government
Pursuant to § 30-4-30 of the South Carolina Code, agencies may charge reasonable fees for the search, retrieval, and redaction of records. The current fee schedule for arrest record requests is $5.00 per report, with additional charges for certified copies.
Charleston arrest records contain standardized information as mandated by South Carolina law and departmental policies. These records typically include the following elements:
It should be noted that certain information may be redacted from public arrest records in accordance with § 30-4-40 of the South Carolina Code, which provides exemptions for personal identifying information such as Social Security numbers, home addresses, and telephone numbers of victims or witnesses.
The Municipal Court of Charleston maintains records of case proceedings resulting from arrests within city jurisdiction. These records may contain additional information regarding court appearances, plea entries, and case dispositions.
The maintenance and dissemination of arrest records in Charleston operate within a comprehensive legal framework established by state statutes and local ordinances. The primary legal authorities governing these records include:
South Carolina Freedom of Information Act (S.C. Code Ann. § 30-4-10 et seq.) establishes the fundamental right of citizens to access public records, including arrest records, with certain statutory exceptions. The act stipulates that public bodies must respond to FOIA requests within 10 business days and provide the requested records within 30 calendar days.
The Criminal Justice Information Services (CJIS) Security Policy, as implemented by the South Carolina Law Enforcement Division (SLED), establishes protocols for the secure handling and transmission of criminal justice information, including arrest records. All agencies maintaining such records must adhere to these security standards.
The Charleston Livability Court, established pursuant to municipal ordinance, adjudicates certain quality-of-life offenses. Records of arrests for violations falling under this court's jurisdiction are maintained separately but remain accessible through standard public record request procedures.
Law enforcement agencies in Charleston County operate under interagency agreements that facilitate information sharing while maintaining compliance with applicable privacy laws. These agreements establish uniform standards for record-keeping and information exchange.
Under South Carolina law, certain individuals may be eligible to have their arrest records expunged from public access. The expungement process is governed by S.C. Code Ann. § 17-22-910 through § 17-22-950, which establishes specific criteria and procedures for removing arrest information from public records.
Eligibility for expungement in Charleston is limited to the following circumstances:
The expungement application process requires submission of the following:
Upon approval, all records pertaining to the arrest, including booking photos, fingerprints, and court records, are removed from public access. However, these records remain accessible to law enforcement agencies for official purposes.
The Charleston Police Department Crime Prevention Unit provides information to citizens regarding the expungement process but does not process applications directly. All expungement petitions must be filed through the appropriate court.