Lancaster County Arrest Records

In Lancaster County, a law enforcement officer can arrest an individual when an arrest warrant is issued against said individual. In certain circumstances, law enforcement officers are also allowed to make an arrest without a warrant when the person to be arrested commits an offense in their view, per S.C. Code § 17-13-30.

Lancaster County arrest records are created after arrests occur within the county by the arresting agency, such as a local law enforcement agency. These records document encounters where individuals were arrested and highlight pertinent information about what occurred during each arrest.

Lancaster County arrest records are important because they provide information about a criminal's past. Additionally, they are vital inclusions in different government records, including the criminal history records compiled by the South Carolina State Law Enforcement Agency (SLED) and Lancaster County Court Records.

Are Arrest Records Public in Lancaster County?

Yes. South Carolina Freedom of Information law (FOIA), codified in S.C. Code § 30-4-10 to § 30-4-165, established the general public's right to access, inspect, and copy records of public bodies pertaining to public businesses they conduct. Although there are several exemptions, records of law enforcement agencies, including arrest records, are subject to the provisions of this law.

Nonetheless, SC Code § 30-4-40(3) lists several scenarios where public access to records compiled for law enforcement purposes, including arrest records, may be exempt from disclosure. These include when disclosure of the record would:

• Interfere with a prospective law enforcement proceeding.
• Deprive a person of their right to a fair trial or an impartial adjudication.
• Constitute an unreasonable invasion of personal privacy;
• Endanger a person's life or physical.
• Reveal the identity of a confidential source.
• Reveal current techniques and procedures for law enforcement investigations or prosecutions.
• Reveal the contents of an intercepted wire or oral or electronic communications not otherwise disclosed during a trial.

What Do Public Arrest Records Contain?

The following information is usually found in public arrest records:

• The arrestee's personal information, such as their full name, date of birth, and address
• The arrestee's physical description, including their mugshot, age, height, weight, race, hair/eye color, and unique marks, like tattoos, scars, and birthmarks.
• Arrest details: this includes the arrest date, time, and location, as well as information about the arresting officer and agency.
• Offense details: such as the name of the offense, its classification (i.e., misdemeanor or felony), and criminal charges levied against the arrestee.

Lancaster County Arrest Statistics

According to the 2023 Crime in South Carolina Book provided by the State Law Enforcement Division (SLED), Lancaster County recorded an arrest rate of 330.92 and 3,581 total arrests in 2023. This figure reflects a 20.5% increase in arrests in the county compared to 2022 when only 2,972 arrests were reported.

The offense with the highest number of arrests in 2023 was simple assault, which accounted for 595 of all arrests that year. Other notable offenses that year include larceny-theft offenses (343), drug law violations (561), driving under the influence (230), and all other offenses (517).

Find Lancaster County Arrest Records

Records seekers can find Lancaster County arrest records by querying local law enforcement agencies. As eluded, these agencies make most arrests in Lancaster County and create and maintain arrest reports documenting these incidents.

Pursuant to the provisions of South Carolina's FOIA, arrest records are presumably public except when otherwise stated by law. Hence, interested persons can submit a FOIA request to a local law enforcement agency in Lancaster County to request local arrest records. Note that sufficient details about the sought record may be required to facilitate a FOIA request. These details include the record subject's name, their date of birth, the date range when the arrest occurred, and any other information that can be used to identify the sought record. Additionally, requests are usually subject to certain fees. These fees may vary by agency.

Some Lancaster County law enforcement agencies provide dedicated FOIA forms that interested persons can use to request arrest records. For instance, record seekers can utilize the Lancaster County Sheriff's Office FOIA form to request arrest records generated by the agency. Requesters can find the agency's fee schedule in a section of the form. The Sheriff's Office FOIA form can be completed and submitted along with necessary fees in person, by mail, email, or fax at:

Lancaster County Sheriff's Office,
1520 Pageland Highway,
P.O. Box 908,
Lancaster, South Carolina 29721
Email: jharvey@lacoso.net
Fax: (877) 636-7980
Phone: (803) 283-3388

In cases where an agency does not provide a dedicated FOIA request form, like the Lancaster Police Department, record seekers can draft a written request. The request should contain information identifying the sought record and the requester's contact information. Next, contact the agency to inquire about fees they may charge for a request. For instance, the Lancaster Police Department charges $2 for each report they provide. Subsequently, the written request and appropriate fee can be submitted to the agency.

Free Arrest Record Search in Lancaster County

In Lancaster County, most local law enforcement agencies allow free in-person inspection of arrest records at their physical address. Hence, interested persons can visit a local law enforcement agency, like the Lancaster County Sheriff's Office, to inspect arrest records for free. Note, however, that most of these agencies usually charge requesters a fee for hard copies of arrest records they furnish to them. Additionally, some agencies charge for conducting searches, retrieving, and redacting records. As a result, performing a free arrest records search through local law enforcement agencies is not always possible.

It is worth noting that information about arrestees who were booked in the Lancaster County Detention Center is available for free online through the Detention Center's Inmate Search portal.

How Long Do Arrests Stay on Your Record?

In Lancaster County, the retention period for arrest records varies based on the type of record. These retention periods are outlined in General Records Retention Schedules for Municipal Records and General Records Retention Schedules for County Records. The Lancaster County Sheriff's Office follows the former, while municipal police departments, like the Lancaster police department and Gaston Police Department, use the latter. Some of the provisions of these retention schedules include:

• Criminal History Records–retained for 75 years or until the record's subject dies
• Juvenile files–retained for three (3) years after the record's subject reaches majority
• Arrest warrants–retained until a copy of the warrant is served and the original subsequently forwarded to the issuing officer.
• Arrest dockets and cards–retained for five (5)
• Mugshot–retained until superseded or of no further value

Expunge Lancaster County Arrest Records

An expungement is a court order, also known as an order for destruction, removes an arrest or disposition from an individual's criminal record. The arrest records expungement process in Lancaster County is governed by South Carolina's Uniform Expungement of Criminal Records Act, codified in S.C. Code § 17-22-910 to § 17-22-960. The Act outlines the eligible requirements for arrest records expungement. Some examples of records that qualify for expungement under the act include:

• Charges that were dismissed, nolle prossed, or where the defendant was not found guilty
• First offense for misdemeanor fraudulent check provided the offender has no other conviction within one year.
• First conviction in a magistrate or municipal court provided the offender has not received a criminal conviction for 3 years.
• First offense failure to stop when signaled by a law enforcement vehicle provided the offender has received no additional criminal conviction in 3 years.
• First offense simple possession or possession with intent to distribute drug convictions
• A conviction for a first offense as a youthful offender provided the offender has no additional criminal convictions in the 5 years after the date they completed their sentence.

If the arrest occurred within Lancaster County, individuals with eligible records can apply for expungement through the Sixth Circuit Solicitor's office. Note that there is a $310 fee for expungement. Of the $310 fee, $250.00 goes to the Sixth Circuit Solicitor's Office for Research and Preparation, $35 goes to Lancaster County Clerk of Court, and $25 goes to SLED. The $25 fee paid to SLED is waived for non-convictions. Prospective applicants can contact the Sixth Circuit Solicitor's Office to obtain an expungement application at:

104 N Main Street
P.O. Box 607
Lancaster, SC 29720
Phone: (803) 416-9367

It is worth noting that interested people can find information about the expungement process in Lancaster County on the Sixth Circuit Solicitor's Office's Expungement Program page. Furthermore, the expungement application can take up to six (6) months to process from the submission date.

Lancaster County Arrest Warrants

An arrest warrant is a legal instrument that authorizes the arrest of a specific individual for an offense. In Lancaster County, a magistrate or judge may issue an arrest warrant when it is sought by a law enforcement officer acting in their official capacity per S.C. Code § 22-5-110. If an arrest warrant is sought by someone other than a law enforcement officer, a courtesy summons may be issued instead. Per S.C. Code Regs. 12-608.8, the following information is included in an arrest warrant:

• Warrant number
• Name of person to be arrested
• Charge
• Date and description of the offense
• Name of affiant
• Date sworn
• Signature of issuing official.

Interested persons can find information about active warrants in Lancaster County by contacting local law enforcement agencies. These agencies usually do not discuss outstanding warrants over the phone. Hence, record seekers must visit an agency's physical address to inquire about active warrants. Note that inquirers face the possibility of being arrested if an active warrant against them is discovered during their in-person inquiries.

Do Lancaster County Arrest Warrants Expire?

An arrest warrant does not expire. Generally, an arrest warrant remains active until it is executed, the warrant's subject surrenders to law enforcement, or dies.