Cherokee County Arrest Records

Cherokee County arrest records refer to documentation a law enforcement agency generates regarding an individual's apprehension and detention for a crime. These records are created after a police officer takes an individual suspected of committing a crime into custody and completes a booking procedure at the local police station or the Cherokee County Detention Center. The booking process involves:

• Taking the individual's fingerprints
• Creating a mugshot of the suspect
• Gathering the individual's personal information

Arrest records, which may form a part of Cherokee County court records, serve as proof of the subject's run-in with a law enforcement agency. One may also find Cherokee arrest records during background checks. However, it is crucial to note that these records do not reflect a person's guilt, as only a criminal court of competent jurisdiction can determine that.

Are Arrest Records Public in Cherokee County?

Yes. Cherokee County arrest records are public information based on the provisions of the South Carolina Freedom of Information Act (FOIA). Consequently, anyone has the right to query the appropriate custodian for arrest information. They can inspect or receive paper copies or electronic transmission of these records (where they exist) without providing reasons for their search. However, record custodians are permitted to charge reasonable fees commensurate with the actual cost of a search when honoring public records requests for arrest documents.

Certain records, however, are exempt from public disclosure:

• Personal information that amounts to a breach of privacy
• Records compiled for law enforcement purposes that interfere with a prospective law enforcement proceeding, deprive a person of the right to a fair trial, endanger a person's safety, or disclose the identity of a confidential source
• Juvenile offender information
• Other matters exempted from disclosure by law

In some cases, confidential records may be accessible to select entities, including the subject of the record and the law enforcement agency involved in an investigation or prosecution.

What Do Public Arrest Records Contain?

In Cherokee County, public arrest records contain a variety of information, including:

• Arrestee's name, race, sex, date of birth
• Cellblock
• Arrest date
• Bond information
• Subject's mugshot
• Warrant information
• Initial charges

Cherokee County Arrest Statistics

Information from the 2023 Crime in South Carolina Report (compiled and published by the South Carolina State Law Enforcement Division, "SLED") reveals 2,525 arrests happening in Cherokee County. Most arrests, totaling 442, were made for drug law violations. Other significant arrest figures included:

• Driving under the influence (DUI): 169
• Simple assault: 128
• Larceny theft offenses: 99
• Trespass of real property: 75

The total arrests for Cherokee County in 2023 indicate a -11.1 % change from the previous year and an arrest rate of 445.22 to the county's estimated population of 56,714 in 2023.

Find Cherokee County Arrest Records

Individuals can look up Cherokee County arrest records using the local, state, and federal resources below:

Local Resources

Local resources for finding Cherokee County records include the Cherokee County Sheriff's Office and the local police station that conducted the arrest. Individuals can query the sheriff's office physically during regular business hours at this location:

312 East Frederick Street
Gaffney, SC 29340

For remote access to arrest records, they can leverage the Inmate Search tool on the sheriff's official website. Using the tool, individuals can search inmate information using various parameters, including an inmate's name, race, and sex. One can also visit local police departments in person to inspect arrest records.

State Resources

The South Carolina Department of Corrections (SCDC) keeps inmate information related to persons who may have been arrested but were sentenced to a State of South Carolina prison, including those sentenced in Cherokee County. The SCDC maintains an online database of inmate information that is accessible to the public through its "Inmate Search" page. The page allows users to search by SCDC ID, SID (State Identification), first name, or last name. Individuals can click on an inmate's sentence details on the results page.

Alternatively, they can email a written public records request to the SCDC's FOIA coordinator at _FOIA@doc.sc.gov_or send the request via mail to:

FOIA Coordinator
Office of General Counsel
South Carolina Department of Corrections
P.O. Box 21787
Columbia, SC 29221-1787

The request should describe the information needed in simple terms and include the requester's name, address, and phone number. Requesters will be required to cover the costs of producing and retrieving the records. The SCDC also provides remote access to inmate information through its Inmate Search page and maintains a publicly searchable database of released inmates. Interested individuals can also take advantage of the agency's toll-free inmate information line ((866) 727-2846) to obtain information regarding inmates in state custody.

Federal Resources

Several federal resources are available for searching inmate information on individuals arrested in Cherokee County but transferred to federal custody. Generally, information about inmates in federal prisons can be obtained remotely through the Federal Bureau of Prisons (BOP) Inmate Locator. Other federal criminal agencies, such as the US Immigration and Customs Enforcement (ICE), offer detainee lookup services to members of the public.

Alternatively, interested parties can send a Freedom of Information Act (FOIA) inquiry to the federal agency that effected the arrest.

Free Arrest Record Search in Cherokee County

Inspecting publicly available arrest records through the official channels above, without reproducing them, typically bears no cost. Interested parties may also access a free Cherokee arrest record search using private aggregated websites offering such services. However, free record lookups from third-party databases often provide limited information or are available for the first few searches.

How Long Do Arrests Stay on Your Record?

Indefinitely. In South Carolina, arrests are not deleted automatically after some time. Instead, they will remain on a person's criminal record forever until they are expunged or sealed. Expungement is a legal procedure for permanently removing specific details from a subject's criminal history information.

Expunge Cherokee County Arrest Records

In Cherokee County, the subject of an arrest record can ensure that their arrest information is removed from public access by making an application to the court. To begin the process, the applicant is expected to contact the 7th Circuit Solicitor's Office and obtain an expungement application form at the location below:

125 East Floyd Baker Boulevard
Gaffney, SC 29340

After paying applicable fees, the Solicitor's office will process the expungement application, culminating in a circuit judge signing an Order for Destruction of Arrest Records if the applicant is found eligible. The South Carolina Judicial Branch's Expungement Application Process page provides a comprehensive breakdown of the expungement process.

Applicants should note that expungement of a non-conviction in a Magistrate or Municipal Court is processed through the clerk of that court. Also, not every applicant is eligible for expungement. To be qualified to have a record expunged, the applicant must meet several criteria, including:

• A non-conviction (this means that there was a "not guilty" verdict, the judge dismissed the charge, or the Solicitor did not prosecute).
• The applicant completed a Pre-Trial Intervention Program (PTI), Alcohol Education Program, or Traffic Education Program, after which the Solicitor's office dismissed the charge.
• The arrest resulted in a misdemeanor conviction under the Fraudulent Check Law, and the applicant is a first-time offender with no other convictions for more than a year.
• First-time simple possession of marijuana or certain other illegal drugs offender who received a conditional discharge and completed all sentencing requirements.

Certain offenses cannot be expunged, including:

• Traffic offenses (except a first offense conviction for failure to stop when flagged by a police vehicle)
• Motor vehicle offenses
• Wildlife and game offenses
• Murder and other violent crimes

Cherokee County Arrest Warrants

Cherokee County arrest warrants are issued when a magistrate or municipal judge determines probable cause for a person's arrest based on an affidavit from law enforcement following adequate investigation. These warrants can also be issued against a person who fails to obey a court order, such as attending a court hearing or paying fines.

Seneca County arrest warrants authorize law enforcement to take a named individual into custody and bring them before a competent court of law. These warrants can be executed anytime and anywhere in South Carolina.

Information obtainable from an arrest warrant includes:

• The subject's name or description
• The alleged crime
• The issuing jurisdiction and magistrate
• Specific instructions for the proper execution of the warrant

Do Cherokee County Arrest Warrants Expire?

No. Cherokee County arrest warrants do not expire and can be enforced at any time. A court can also recall an arrest warrant if finding cause. An example is if the court discovers new evidence that questions the accused's guilt.