Barnwell County Arrest Records

Arrests become necessary in Barnwell County, South Carolina, when law enforcement officers have probable cause to believe an individual has committed a crime or when they have an arrest warrant. When an individual is arrested, they are transported to the Barnwell County Detention Center. Here, a booking process follows in which the individual's mugshot and fingerprints are taken, and the charges are documented.

The Barnwell County Sheriff's Office (BCSO) is responsible for generating arrest records. In addition, the Barnwell Police Department may also execute arrests for crimes within its jurisdiction. Barnwell County arrest records are closely related to Barnwell County Court Records, as some of these documents serve as a basis for reference when criminal proceedings are initiated, and the case eventually goes to court for trial.

Are Arrest Records Public in Barnwell County?

Under the South Carolina Freedom of Information Act (FOIA), arrest records in Barnwell County are deemed public. This implies that public members can legally request and obtain copies of the records from the designated custodians. The custodians are required by law to release requested records after receiving a request from the public.

In line with the principle governing South Carolina's FOIA, transparency and accountability in government ensure that citizens are best served when they have access to records documenting official actions of public agencies.

However, under §30-4-40, there are exceptions to access that protect ongoing investigations, juvenile records, and other sensitive information. Also, information whose disclosure could constitute an invasion of privacy or impact law enforcement procedures may be redacted. Individuals with inquiries related to arrests may contact the Barnwell County Sheriff's Office at:

Barnwell County Sheriff's Office
599, Joey Zorn Boulevard,
Barnwell, SC 29812
Phone: (803) 541-1052

Barnwell County Arrest Statistics

According to data provided by Barnwell County to the FBI’s Uniform Crime Reporting Program (UCR), the county arrested a total of 2,507 individuals in 2024. The total number of males taken into custody was 1,896, while there were 611 females arrested.

The arrest categories with the highest numbers were drug/narcotics violations, with 707 arrests. Simple assaults accounted for 391 arrests, while larcenies accounted for 179 arrests.

Find Barnwell County Arrest Records

Barnwell County arrest records are accessible through multiple government repositories. Interested parties may fill out the online Freedom of Information Act (FOIA) request form or submit a FOIA request to the arresting local law enforcement agency.

Also, court-related arrest records are available from the Barnwell County Clerk of Court. Record seekers may call or visit the office at:

Barnwell County Clerk of Court
141, Main Street,
Barnwell, SC 29812
Phone: (803) 541-1020

In addition, record seekers may log in to the Incarcerated Inmates Search Portal provided by the South Carolina Department of Corrections. Alternatively, they may use the South Carolina Courts' public index system’s online search tools to find Barnwell County arrest records through criminal records of individuals convicted in the county’s courts.

Barnwell County Arrest Records Vs. Criminal Records

Barnwell County arrest records and criminal records differ in their creation, content, and legal implications. Barnwell County arrest records are generated by arresting law enforcement agencies as evidential documents when offenders are taken into custody for arrestable offenses. They capture relevant information about the arrest, such as the arrestee’s personal details, the reason for the arrest, booking information, and bail or bond terms.

Barnwell County criminal records are a comprehensive history of an individual's criminal activities and convictions within the criminal justice system. They document criminal proceedings, convictions, incarcerations, and probations.

In addition, Barnwell County arrest records do not necessarily mean the arrestee is guilty or innocent. An arrestee is considered innocent until a court finds them guilty beyond a reasonable doubt. On the other hand, criminal records are an indication that the individual has been tried and convicted of a criminal offense.

Moreover, arrest records may or may not be included in Barnwell County court records. For instance, if the individual is not guilty of the charges, the court may seal or remove the record. Conversely, criminal records are an integral part of Barnwell County court records. They provide a snapshot of criminal offenses and court proceedings. In light of this, they have a greater impact on the individual’s societal status and quality of life. For instance, they tend to limit job, credit, and housing opportunities.

How Long Do Arrests Stay on Your Record?

In Barnwell County, unless the offender petitions the court to expunge the record, arrest information stays on the records indefinitely. The relief of expungement is available only to individuals who meet the eligibility conditions under South Carolina laws. However, not all arrests may be expunged under section 17-22-960 of the South Carolina Code of Laws.

Barnwell County Arrest Warrants

Barnwell County arrest warrants are legal documents issued by a judge commanding law enforcement to take an individual into custody. To secure a warrant, a law enforcement officer must approach the court with evidence proving probable cause for an arrestable offense. The officer must provide evidence that the subject:

• Violated a statute,
• Is a threat to society,
• Is involved in a criminal act,
• Is a high flight risk, or
• Disobeyed restraining orders

A valid arrest warrant in Barnwell County contains the following information:

• Personal information about the suspect, such as full name, aliases, and physical descriptions
• The alleged offense and statute violated
• Statement of probable cause
• Instructions or recommendations to law enforcement on how to execute the warrant
• Name and location of the issuing court
• Signature of the issuing judge

Do Barnwell County Arrest Warrants Expire?

In general, arrest warrants in Barnwell County do not expire. They remain active until law enforcement arrests the subject or the court recalls the warrant.

However, some circumstances surrounding the underlying crime may affect the ability to execute the warrant. For instance, if the statute of limitations of the crime expires or the suspect dies, the warrant becomes invalid.

Expunge Barnwell County Arrest Records

Expungement is the legal mechanism by which arrests, charges, or convictions are removed from an offender's criminal record. However, not all crimes are eligible for expungement in Barnwell County. Under section 17-22-960 of the South Carolina code of laws, an arrest record may be expunged if:

• The charges were dismissed or nolle prossed (the prosecution dropped the charges)
• The arrestee was found not guilty after a trial
• The arrest was for a first-time nonviolent misdemeanor
• The individual was a youthful offender (aged 17- 25 at the time of the offense)
• The individual completed a pre-trial intervention or diversion program
• The offense was a first-time drug possession case
• The offense was a first-time non-violent domestic violence offense

Moreover, to qualify for expungement, the mandatory waiting period (typically between 1 and 5 years, depending on the offense) must have expired.

To expunge Barnwell County arrest records, eligible individuals should follow the following steps:

• Get an official copy of their South Carolina criminal history record. This can be obtained from the South Carolina Law Enforcement Division (SLED).
• Complete the official expungement application form.
• File the completed application with the Clerk of Court in the county where the arrest occurred and pay the requisite filing fee.
• Copies of the expungement application must be served on the relevant law enforcement agencies and the prosecutor.
• Provided there are no objections or if the court overrules any objections, the judge will issue an order of expungement. The order directs the affected agencies to seal or destroy the records in their custody.

It is a good idea for the petitioner to follow up to ensure the agencies comply with the order and the records have been properly expunged.