South Carolina Criminal Records

South Carolina Criminal Records offer a legal summary of an individual's history of violence. Most criminal records in South Carolina contain information obtained by law enforcement agencies, high courts, and detention institutions in municipal, regional, or state governments.

Under the South Carolina Freedom of Information Act (SCFOIA), criminal records in this state are open to the public. As a result, you can conduct a criminal history check on any person of interest from the South Carolina Law Enforcement Division (SCLED), which controls most of the state's records.

The data embedded in a criminal record varies. Depending on a person, some of the information in a South Carolina Criminal Record may include:

• The subject's personal information (full name, date of birth, sex)
• Any aliases
• Driver's license number
• Mugshot
• Fingerprints
• Current and previous addresses
• Arrest history
• Records of any prior or ongoing warrants
• Sex offender status
• Information on charges

If you break the law in South Carolina, the following serious offenses could end up on your criminal record.

Felonies

South Carolina law separates many types of felony records into six classes, from Class A to Class F. In this state, Class A is the most severe type of felony, and Class F is the least serious.

Class A Felonies

If you commit this kind of felony, you could go to prison for up to 30 years. Some of the offenses that are under this class include:

• Attempted murder
• Kidnapping
• Voluntary manslaughter

Class B Felonies

This felony could get you 25 years in prison at most. It includes offenses such as:

• Second-degree assault
• Hit and run resulting in death
• Second-degree arson

Class C Felonies

This kind of felony has a punishment of 20 years in prison. In South Carolina, the following crimes are all Class C felonies:

• Attempted armed robbery
• Child sexual exploitation
• Carjacking that does not result in death or serious bodily harm

Class D Felonies

Those who commit this crime will go to jail for 15 years. It covers crimes such as:

• Second-degree burglary
• A first offense of making or selling meth or cocaine
• Third-degree arson

Class E Felonies

If you commit this crime, the imprisonment period is up to 10 years. Some of the most prevalent offenses in South Carolina under Class E felonies are:

• First-degree sexual misconduct
• Child maltreatment
• Reckless homicide

Class F Felonies

Those who commit Class F felonies face a maximum sentence of five years in jail. Here are some examples of records under this class:

• Sale or possession of fake cigarettes
• Stalking
• Illegal conduct at elections

In South Carolina, a record of a felony will stay on your criminal history for the rest of your life unless expunged. However, very few felony records in South Carolina are eligible for expungement.

Misdemeanor

Like some other states, South Carolina put misdemeanor records into classes based on the severity of the alleged crime and penalties.

In this state, the most serious misdemeanors are Class A, and the least serious are Class C. Misdemeanors that don't fit these categories are exempt misdemeanors and have one-year maximum punishments.

Class A Misdemeanors

For this misdemeanor, the penalty is three years in jail and a $2,500 fine. It includes offenses such as:

• Sending indecent texts without consent
• First-degree harassment
• Third vandalism offense

Class B Misdemeanors

Those who commit this misdemeanor will get a fine of between $1,000 and $2,000 and no more than two years in prison. Some crimes under Class B misdemeanors include:

• Submitting a fake claim for benefits
• Creating or taking part in a riot
• Use of forged tickets

Class C Misdemeanors

If you commit a misdemeanor under Class C, you will go to jail for a year and have to pay a $1,000 fine. The crimes that fall into this class are:

• Imitating a police officer
• Thefts of cable services
• Fraudulent registration or voting

Exempt Misdemeanors

This misdemeanor carries a sentence of less than a year in jail. Among the crimes in this class are:

• Trespassing
• Allowing a fire to spread to another's territory
• Third-degree domestic violence

In South Carolina, a misdemeanor record will stay on your criminal history for life unless expunged. However, you can seek expungement only after you have served your term.

Criminal Driving Violations

South Carolina usually divides criminal driving violation records into felony traffic violations and traffic misdemeanors. The penalties for these crimes in South Carolina depend on how severe the offense is. The following are examples of criminal driving violation records in the state.

Felony Traffic Violations

Felony traffic violations in South Carolina involve serious bodily injury or death. For a felony traffic offense, you could spend up to ten years in prison and pay up to $10,000 in fines.

In South Carolina, some examples of felony traffic offenses are:

• Vehicular homicide
• DUI that leads to severe injuries or death
• Hit and run causing serious injury or death

Traffic Misdemeanors

These traffic violations can result in up to thirty days in jail and a $500 fine, depending on the offense. South Carolina's most prevalent traffic misdemeanors are:

• Reckless driving
• DUI
• Hit and run

In South Carolina, most criminal driving violation records stay on a person's record for three years. However, some violations, such as DUI and hit-and-run, remain on a criminal record longer.

Sexual Offenses

There are two types of sexual offense records in South Carolina: criminal sexual conduct and sexual assault and battery. These sexual offense records carry criminal penalties in this state, including significant jail sentences and hefty fines.

Criminal Sexual Conduct

Criminal sexual conduct in South Carolina is a felony, and fines and prison terms vary per crime. The following are examples of criminal sexual conduct in South Carolina:

First-degree Criminal Sexual Conduct

This sexual felony carries a 30-year jail sentence. It occurs when the defendant sexually assaults the victim under one or more of the following conditions:

• The defendant used violence or threatened to use a dangerous weapon.
• The victim was forcibly confined, kidnapped, trafficked, robbed, extorted, or burglarized.
• The defendant drugged the victim without consent.

Second-degree Criminal Sexual Conduct

This sexual offense is a felony that carries a 20-year jail sentence. It occurs when a person coerces a victim to commit sexual battery by threatening high-level violence.

Third-degree Criminal Sexual Conduct

The penalty for this kind of sexual crime is ten years in prison. A person is guilty of this sexual offense if they do any of the following:

• The defendant used force or coercion.
• The defendant knew the victim was mentally or physically disabled.

Spousal Sexual Battery

Spousal sexual battery entails a 10-year prison sentence. It includes one partner committing sexual battery with brutal force against the other.

Sexual Assault and Battery

In South Carolina, incidents involving unwelcome sexual touching are sexual assault and battery. Here are the most common examples of sexual assault and battery in this state.

First-degree Sexual Assault and Battery

This kind of sex offense gets you ten years in prison. It happens when a perpetrator injures a victim by touching their private parts without their consent and with obscene and lustful intent.

Second-degree Sexual Assault and Battery

Those who commit this crime will spend three years in prison and pay a $2,500 fine. It entails unlawfully hurting or trying to injure another person and nonconsensual touching of their private areas.

Under the Sex Offender Registry Act, anyone who has been found guilty of a sexual crime in South Carolina must register as a sex offender for life.

If interested, the public can search for sex offenders through the South Carolina Sex Offender Registry, a database containing information about individuals found guilty of a sex crime in South Carolina.

Many arrests and convictions in South Carolina are eligible for expungement. Once expunged, law enforcement and courts are the only ones who can access a criminal record.

You can file for an expungement in South Carolina in the following ways:

• Through your county's solicitor
• Through pretrial diversion, who dismissed your charges

What Crimes Are Eligible for Expungement in South Carolina?

Some of the criminal charges that are eligible for expungement in South Carolina are as follows:

• Magistrate and municipal court offenses
• Drug offenses
• Youthful Offender Act (YOA) offenses
• General misdemeanor
• Fraudulent check

South Carolina Expungement Process

If you think your criminal record is eligible for expungement in South Carolina, these are the steps you should take to get your records expunged.

• Get your criminal record from SCLED.
• Figure out which type of expungement you will use.
• Get the application at the Solicitor's Office.
• Inquire with the solicitor's office about the records you will need.
• Obtain the information you need and fill out the form.
• Get the money orders you need.
• Send the application and money instructions to the respective Solicitor's Office.

Inmate records in South Carolina provide details about an offender's present and previous inmate situation. It comprises information about inmates' jail conditions, such as conviction and physical appearance.

The South Carolina Department of Corrections (SCDC) is in charge of keeping most inmate records in the state.

If interested, you can access these records by visiting the SCDC website. To look at an inmate's records, you will need the inmate's full name or offender number. You can also utilize the inmate's facility, age range, and birthday for a more advanced search.

Alternatively, you may be able to get inmate records by personally submitting a formal request to SCDC.

Interested parties that search South Carolina Inmate Records can obtain the following information:

• Inmate's personal information (name, date of birth, race, sex)
• Any aliases
• Booking photo
• DOC ID
• Weight and height
• Sentence summary
• Placed in charge

An arrest record in South Carolina is the official report of a person's criminal background related to arrest. These records show a person's imprisonment, apprehension, and interrogation.

Arrest warrants give police permission to arrest or hold the person named in them. These warrants are public records in South Carolina, so anyone looking for outstanding warrants can do so.

An individual arrested in South Carolina will go through the booking process, resulting in an official arrest record. During this step, the officer making the arrest will get the suspect's name, address, fingerprints, and mugshot.

In this state, law enforcement agencies are in charge of keeping arrest records. If you want to search an arrest record, you must request the police department or sheriff's office that made the arrest.

To obtain a copy of an arrest record, the individual must submit precise details about the case and pay the applicable charge to the records unit.

Some agencies might include a request form on their online sites that the requester can fill out and submit by mail or personally.

Once you successfully obtain a copy of a South Carolina Criminal Record, expect to see the following information:

• Arrestee's personal information (full name, age, and race)
• Photograph
• Fingerprints
• Social security number
• Criminal charges
• Time and place of the arrest
• The arresting agency
• Court of jurisdiction

There are many reasons to look up a person's criminal record. However, although the public has access to criminal records in South Carolina, only sentencing and arrest information is available.

In this state, only the people on the records and law enforcement agencies can look at all the criminal records. It means that most people who obtain South Carolina Criminal Records do so with the intent of an investigation.

The Citizens Access To Criminal Histories (CATCH) website is the fastest way to look up criminal records in South Carolina. Anyone can use this portal to search by name for $25 per subject.

To get results from this portal, a person must enter their exact last name, first initial, and date of birth. If the law requires, individuals may use a fingerprint search if a person's name does not match exactly.

Using the Criminal Records Check form is another way to learn about a person's criminal history in this state. The requester must fill out this form with the subject's information, attach money, and mail or deliver the application packet to the SCLED.