Kershaw County Arrest Records

In Kershaw County, SC, multiple law enforcement agencies create arrest records when they take individuals into custody. These agencies include:

• Kershaw County Sheriff’s Office
• Camden Police Department
• Elgin Police Department
• South Carolina Highway Patrol (SCHP)
• South Carolina Law Enforcement Division (SLED).

Generally, an arrest becomes necessary if a person commits an arrestable offense, is a threat to public peace, or law enforcement has evidence that a person is about to commit a crime. Kershaw County arrest records are part of Kershaw County court records. They provide precursor information for criminal trials within the Kershaw County Circuit, Magistrate, and Municipal Courts. Also, Kershaw County arrest records and other court-related documents are components of the South Carolina court records.

The Kershaw County Detention Center is the primary detention facility in Kershaw County. However, local law enforcement agencies may detain individuals in temporary holding cells.

Are Arrest Records Public in Kershaw County?

Yes, arrest records are public in Kershaw County, SC. According to Title 30, Chapter 4 of the South Carolina Code of Laws, interested individuals have the right to inspect or copy books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials in the custody of public agencies regardless of physical form or characteristics.

Nonetheless, South Carolina laws restrict access to Kershaw County arrest information that relates to

• Ongoing law enforcement or judicial investigations
• Juvenile arrests
• Sealed or expunged records
• Confidential information such as Social Security Numbers and financial account details
• Domestic violence and abuse
• Confidential informant information.

Applicants seeking access to Kershaw County restricted arrest records must have legal authorization or court orders.

What Do Public Arrest Records Contain?

Arrest records detail the arrest of individuals for arrestable offenses. They contain personal information of the arrestees, booking details, reasons for the arrests, and information about their release. Generally, arrest information include but are not limited to:

• Name, date of birth, gender, race, and physical description of the arrestee
• Date, time, and location of the arrest
• Name and the badge number of the arresting officer
• Reasons for the arrest
• Name of the arresting agency
• Charges against the arrested person
• Booking number
• Mugshots
• Bond information or Bail amount.

Kershaw County Arrest Statistics

Participating law enforcement agencies report to the Uniform Crime Reporting program shows a mixed trend in Kershaw County arrest statistics between 2020 and 2023. Law enforcement agencies within Kershaw County reported over 2,100 arrests for various arrestable offenses within Kershaw County, SC, between January 1, 2020, and December 31, 2023. These numbers are less than the 2,248 arrests reported for the previous year. During the period under evaluation, drug-related incident arrests were the most common arrest in Kershaw County. Over 1,680 persons were taken into custody by law agencies for drug/narcotics violations in Kershaw County between 2020 and 2023. The table below shows the arrest statistics for the most consistent offenses in Kershaw County between 2020 and 2023.

Data Source: FBI Crime Data Explorer.

Find Kershaw County Arrest Records

Several options are available for online and offline access to Kershaw County arrest records. To view or request copies of Kershaw County arrest records

• Visit the Kershaw County Sheriff's Office website and fill out the online Freedom of Information Act Request Form.
• Log in to the Kershaw County Detention Center Inmate List Portal, scroll through, and search for inmates' arrest records, or perform a name-based search for records.
• Register and log in to the South Carolina Law Enforcement Division's Citizens Access to Criminal History portal and access Kershaw County area records through criminal records.
• Log into the South Carolina Courts Public Index System and use the online search tools to look for Kershaw County arrest records through criminal records of individuals convicted for criminal offenses within Kershaw County's Circuit, Magistrate, or Municipal Courts.

Free Arrest Record Search in Kershaw County

South Carolina laws permit custodian agencies to charge reasonable fees to grant public access to Kershaw County arrest records. However, information seekers may access Kershaw’s arrest information for free if they do not require copies of the documents.

For free access to Kershaw County arrest records, requesters should visit the Kershaw County Detention Center’s Inmate Search page or the South Carolina Judicial Department’s Public Index System and use the online tools to perform a free search for arrest information through inmate and criminal records. Alternatively, information seekers can visit local libraries within Kershaw County and access their databases for arrest records. Also, Kershaw County arrest records may be available online through third-party websites. Some commercial online repositories may provide access to South Carolina Law enforcement records.

Kershaw County Arrest Records Vs. Criminal Records

Several distinctions exist between Kershaw's arrest and criminal records. These differences relate to their creation, contents, and legal implications. Below are some key distinctions between Kershaw arrest and criminal records.

Law enforcement agencies within Kershaw County create arrest records as evidential documents when they take individuals into custody for arrestable offenses. These documents contain the personal details of the arrestees, the reasons for the arrests, booking information, and the conditions for their release.

Kershaw County criminal records are official comprehensive histories of individuals' criminal activities and convictions within the county judicial system. They document Kershaw County criminal proceedings, convictions, incarcerations, and probations.

Kershaw County arrest records do not confer guilty or innocent verdicts on individuals. Arrestees are innocent until a court finds them guilty of the charges against them. Contrariwise, a Kershaw County criminal record is evidence that an individual has been tried and convicted for a criminal offense.

A Kershaw County arrest may or may not become a part of Kershaw County court records; the court may seal or remove the record if the individual is not guilty of the charges. Criminal records are legal confirmations of criminal offenses and are part of Kershaw County court records.

Criminal records have a more significant impact on societal status; it may affect job and housing opportunities.

How Long Do Arrests Stay on Your Record?

Generally, in Kershaw County and the rest of the United States, arrest information stays on records indefinitely unless the record owners petition the court to remove it. To seal or remove arrest information, records owners must fulfill the conditions for criminal records expungement under South Carolina laws.

Expunge Kershaw County Arrest Records

Title 17, Chapter 22 Section 17-22-910 to Section 17-22-960 of the South Carolina Code of Laws outlines the requirements for removing or sealing arrest records in Kershaw County and other parts of the state. Per the South Carolina Code of Laws, a Kershaw County arrest record may be expugnable if:

• There is a dismissal, or the arrest did not lead to a conviction
• The arrest is for a first-time, non-violent misdemeanor
• First offense fraudulent check conviction
• The owner of the record was between the ages of 17 and 25 at the of the arrest (Youthful Offender Act)
• The individual completes a Pre-trial Intervention or Diversion Program
• First-time non-violent drug Offense
• First-time non-violent domestic violence offense.

Also, to expunge Kershaw County arrest records, the following waiting period must elapse:

No conviction - No waiting period. Individuals can petition for expungement immediately after the pronouncements.

First-time non-violent misdemeanor conviction - 3 years after completing the sentence for the offense. This includes probation periods and payment of all applicable fines. Also, there must not be any new convictions within the waiting period.

First-time fraudulent check conviction - 1 year after the crime's sentence completion. There must be no additional conviction during the waiting period.

Youthful Offender Conviction - 5 years after the conviction, provided no new convictions exist.

Pre-trial Intervention Program - Immediately after completing the intervention program

First-time non-violent drug Offense - 3 years after completing the sentence for the offense and if there are no new convictions

First offense domestic violence - 5 years after completing the sentence for the offense if there are no new convictions.

To expunge Kershaw County arrest information, eligible individuals should do the following:

• Get certified copies of the arrest records and the court depositions, and complete a background check through the South Carolina Law Enforcement Division. Cases involving Intervention Programs may need confirmation by the program administrator.
• Download an Application for Expungement Form, complete the form, attach copies of the supporting documents, and submit it to the Kershaw County Solicitor's Office at
  1121 Broad Street, Camden,
  SC 29020
  Fax: (803) 425-6029
  Phone: (803) 425-7672
• Unless they do not apply, pay all administrative, court filings, and SLED fees (for instance, dismissed cases may not require fee payments)
• Wait for the court to review the petition, and if it is successful, the court will issue expungement orders for the sealing or removal of the arrest information.
• Receive the expungement order and follow up to ensure the relevant agencies seal or remove the records from the public domain.

Kershaw County Arrest Warrants

Kershaw County arrest warrants are legal documents authorizing law enforcement agencies within the county to take individuals into custody. In Kershaw County, a judge/magistrate of the court may issue an arrest warrant if law enforcement proves probable cause for an arrestable offense. Law enforcement agencies must provide evidence that a person:

• Committed a crime
• Is a risk to society
• Violates probation
• Is implicated in a criminal act
• Committed domestic violence or disregarded restraining orders
• Plans to flee the jurisdiction to escape prosecution for a crime.

Also, Kershaw County judges/magistrates may issue an extradition warrant if an individual is wanted for a crime in other jurisdictions or a bench warrant if a person fails to appear in court.

Generally, an arrest warrant contains the following information or more:

• The subject's identifying information (this includes full name, aliases, date of birth, and physical description)
• Description of the alleged offense and sections of the South Carolina laws violated
• Statement of probable cause from the law enforcement or witnesses
• Date of issuance of the warrant
• Name and location of the issuing court
• Name and signature of the issuing judge/magistrate
• Instructions to law enforcement on how to execute the warrant
• Geographical jurisdiction where the warrant is valid
• Conditions for returning the warrant to the court.

Do Kershaw County Arrest Warrants Expire?

No, arrest warrants do not expire in Kershaw County, SC, or any part of the United States. Once a warrant is issued, it will remain active until law enforcement apprehends the subject. However, an arrest warrant will become inactive at the demise of the wanted individual or if the court cancels it.