Arrest records are public documents in Kershaw County, South Carolina, pursuant to the South Carolina Freedom of Information Act (FOIA), S.C. Code Ann. § 30-4-10 et seq. This legislation establishes that government records, including those documenting interactions between individuals and law enforcement agencies, must be accessible to the public unless specifically exempted by statute. The South Carolina FOIA operates under the presumption that all government records are open to public inspection.
Members of the public may access these records through designated channels established by county authorities. The public nature of these records serves multiple purposes, including promoting transparency in law enforcement operations and enabling citizens to monitor the activities of government agencies. However, certain information within arrest records may be redacted to protect ongoing investigations or sensitive personal information as provided under S.C. Code Ann. § 30-4-40.
The South Carolina Law Enforcement Division maintains statewide criminal history records and provides guidance on public access to such information in accordance with state regulations.
Arrest records in Kershaw County are available through online platforms maintained by county law enforcement agencies. The Kershaw County Sheriff's Office and the Fifth Judicial Circuit Court provide digital access to certain arrest information through their respective online portals. This digital availability is consistent with the state's efforts to modernize record-keeping systems and improve public accessibility to government documents.
Online access to arrest records is subject to the provisions outlined in S.C. Code Ann. § 30-4-30(B), which permits public bodies to establish and collect reasonable fees for the search, retrieval, and redaction of records. Users accessing these records online may be required to pay applicable fees for certain searches or document retrievals.
The online systems typically provide a searchable database that allows users to query records using identifying information such as name, date of birth, or case number. These systems are regularly updated to reflect current arrest information, though there may be a processing delay between an arrest and its appearance in the online database.
Multiple official channels exist for obtaining Kershaw County arrest records:
In-person requests may be submitted at the Kershaw County Sheriff's Office located at 821 Ridgeway Road, Lugoff, SC 29078. Office hours are Monday through Friday, 8:30 AM to 5:00 PM. Telephone: (803) 425-1512.
The Kershaw County Clerk of Court maintains court records related to arrests at 1121 Broad Street, Camden, SC 29020. Office hours are Monday through Friday, 8:30 AM to 5:00 PM. Telephone: (803) 425-1500.
Digital access is available through the Kershaw County government website, which provides a portal for searching public records including arrest information.
Public access terminals are installed at the Kershaw County Judicial Center, 1121 Broad Street, Camden, SC 29020, where individuals may conduct searches during regular business hours.
Requestors seeking arrest records must comply with identification requirements established under S.C. Code Ann. § 30-4-30(D). Government-issued photo identification may be required for certain record requests, particularly those involving sensitive information or records less than 14 days old.
Kershaw County arrest records contain standardized information as mandated by South Carolina law enforcement protocols. These records typically include:
Pursuant to S.C. Code Ann. § 23-3-120, fingerprint data collected during arrests is forwarded to the South Carolina Law Enforcement Division for inclusion in state and federal criminal history databases.
The expungement process in Kershaw County operates under the authority of S.C. Code Ann. § 17-22-910 through § 17-22-950. Individuals may petition for expungement of arrest records under specific statutory conditions:
The expungement application process requires submission of standardized forms to the solicitor's office in the circuit where the arrest occurred. The Kershaw County Solicitor's Office is located at 1121 Broad Street, Suite 406, Camden, SC 29020. Telephone: (803) 425-7575.
Applicants must pay statutorily established filing fees, which include a $250 administrative fee, $25 filing fee, and additional fees for verification of eligibility. Fee waivers may be available for indigent applicants upon submission of an affidavit of indigency.
The South Carolina Department of Probation, Parole and Pardon Services may provide additional guidance regarding eligibility for expungement for individuals who have completed supervision under their authority.
While arrest records are generally public in Kershaw County, certain statutory restrictions limit access to specific information:
Law enforcement agencies may deny access to certain records if disclosure would interfere with prospective law enforcement proceedings or deprive a person of the right to a fair trial as determined by S.C. Code Ann. § 30-4-40(a)(3)(A).
The South Carolina Public Sex Offender Registry maintains separate public records of individuals convicted of qualifying sex offenses, which may include information related to arrests for such offenses.
Arrest records in Kershaw County may have significant implications for affected individuals:
It should be noted that under S.C. Code Ann. § 41-1-65, employers are prohibited from inquiring about arrests that did not result in convictions during initial employment applications, though such information may be considered later in the hiring process.
Individuals with outstanding warrants or unresolved cases may face additional consequences, including potential arrest during routine interactions with law enforcement. The South Carolina court payment system allows individuals to resolve certain outstanding matters online.