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Spartanburg County Arrest Records
An arrest is a crucial part of Spartanburg County's Criminal Justice System. It allows law enforcement agencies to apprehend individuals and have them appear in court for alleged crimes.
A Spartanburg County law enforcement officer has the authority to arrest an individual when a warrant is issued for their arrest. An officer may also conduct an arrest in certain situations without a warrant per (S.C Codes Section 17-13-30 and S.C Codes Section 16-25-70). This includes instances where a crime is committed in the officer's presence or when there is probable cause to suspect a crime has been or is being committed.
After an arrest, the individual is taken to a local police station or the county jail for booking. During this process, the arrestee's photograph, personal information, and fingerprints are collected, personal items are inventoried, and the arrestee is held in a cell pending their initial court appearance. Depending on the arrestee's offense and criminal history, they may be released on the promise that they would appear in court at a future date for their arrangement.
Following booking, the arresting officer generates an official arrest record maintained by their agency and shared with other federal, state, and local criminal justice agencies. These records are also sent to the court handling the related case, becoming part of the Spartanburg County Court Records.
Are Arrest Records Public in Spartanburg County?
Yes, under the provisions of the South Carolina Freedom of Information Act (S.C Codes Section 30-4), the general public maintains the right to access arrest records in Spartanburg County. This law requires government bodies to provide access to public records they generate, including arrest records created by law enforcement agencies.
However, certain arrest records may be exempt from public disclosure per S.C. Section 30-4-40. In such cases, only select individuals and entities are allowed complete access, while confidential information may be redacted in public copies. Situations where a record may be exempt include when disclosure would:
- Constitute an unwarranted invasion of an individual's privacy
- Endanger the life or safety of an individual
- Deprive an individual of their right to a fair trial or an impartial adjudication.
- Interfere with law enforcement proceedings
- Reveal the identity of a confidential source.
Exempt records are typically accessible only to specific individuals, such as the subjects of the records, their legal representatives, or authorized persons or agencies with a court order.
What Do Public Arrest Records Contain?
Common information contained in public arrest records in Spartanburg County includes:
- Personal Information and Physical Description: Mugshot, full name, date of birth, address, race, gender, height, and weight.
- Arrest and Booking Details: Date and time of arrest, arresting officer, arresting agency, bond amount (if applicable), and booking and inmate number.
- Offense Details: Type of offense and applicable statute.
- Court Details: Next court date and location.
Spartanburg County Crime Rate
According to the crime statistics outlined in Spartanburg County Sheriff's Office (SCSO) 2023 Annual Report, the most prevalent category of crimes handled was property crimes, with 6,233 cases reported. This represents a 5.2% decrease from the 6,572 property crimes reported in 2022. Property crimes include arson, burglary, forgery, vandalism, embezzlement, extortion, credit card fraud, impersonation, and identity theft.
The report also highlights that there were 3,708 cases of crimes against persons and 704 cases of crimes against society in 2023.
Spartanburg County Arrest Statistics
The South Carolina State Law Enforcement Divison 2022 - Crime in South Carolina Report reveals that Spartanburg County in 2022 had an arrest rate of 177.49, and 6,138 arrests were made. Of this total, Larceny-theft offenses accounted for 943 arrests, making them the most common crime among arrestees in 2022. Other notable crimes that year include drug law violations (891 arrests), simple assault (878 arrests), driving under the influence (468 arrests), and trespass of real property (336 arrests).
Compared to 2021 where 6,319 arrests were reported, Spartanburg County had a 2.9% decrease in arrests in 2022.
Find Spartanburg County Arrest Records
Spartanburg County has 13 municipalities, each served by a local police department, alongside the Spartanburg County Sheriff's Office and state and federal law enforcement agencies like the S.C. State Law Enforcement Division (SLED).
Whenever an arrest is made in Spartanburg County, the arresting agency-whether municipal, state, or federal is responsible for generating and maintaining the arrest record. To find Spartanburg County arrest records, identify the law enforcement agency that made the arrest. Typically, local police departments handle most arrests within their municipalities. For example, the Greer Police Department handles arrests in the City of Greer.
Local police departments in Spartanburg County have a Record Division where arrest records can be requested by phone, email, or in person, with details like the arrest date, arrestee's name, and arrest location required.
Arrestees not immediately released are typically held for 48 hours before their initial arraignment and then transferred to the county detention center operated by the Spartanburg County Sheriff's Office (SCSO). Arrest and booking information can be found on the SCSO booking search page.
Records of arrests made by the SCSO can be requested from the County Sheriff's Public Information Office by phone, email, or in person. For arrests by state or federal agencies like SLED, the FBI, or ICE, such records must be requested directly from those agencies. The FBI provides an inmate locator tool, and ICE offers an Online Detainee Locator system for finding information about individuals in their custody.
Free Arrest Record Search in Spartanburg County
Interested persons can conduct a free arrest record search in Spartanburg County by making an in-person request at the arresting agency's physical office. Most municipal police departments in Spartanburg County allow free in-person access to the records they maintain, including arrest records. However, fees are usually charged if copies of the arrest record are requested.
Record seekers may also be able to conduct a free Spartanburg County arrest record search through certain third-party websites. Operators of these websites retrieve public arrest records for relevant law enforcement agencies, compile them in an online database, and provide access to the database through their websites. On these websites, users can search the database for arrest records using an arrestee's name and the name of the state or city where the arrest occurred. However, these websites often only offer users free access to basic information found in an arrest record. Users are typically required to pay a fee for each record or subscribe to access more thorough information.
Get Spartanburg County Criminal Records
A criminal record is an official document detailing an individual's interactions with the criminal justice system within a specific jurisdiction. This includes arrests, criminal charges, warrants, and convictions.
The South Carolina State Law Enforcement Division (SLED) is the agency through which individuals can get criminal records in Spartanburg County. SLED, a state agency, serves as South Carolina's central repository for criminal records generated by criminal justice agencies. As a result, criminal records retrieved from SLED include statewide criminal records, not only Spartanburg County criminal records.
Criminal records are subject to the South Carolina Freedom of Information Act and are accessible to the general public. Interested persons can request criminal records from SLED online or by mail. The fee for a criminal records check is $25.00. Per S.C. Codes Section 33-56-170, charitable organizations are eligible for a reduced fee of $8.00. Local school districts are not charged for criminal records checks requested on prospective full-time and substitute teachers.
Individuals can conduct criminal record checks online through SLED's Citizen Access To Criminal Histories (CATCH) portal. To facilitate their request on the portal, the requester must provide a subject's last name, first name, date of birth, and gender. Additional information such as maiden name and Social Security Number (SSN) can help narrow down the results. Required fees can be paid by credit or debit card.
Individuals who opt to make their request by mail can utilize SLED's Criminal Record Check form. Accepted forms of payment include business checks, certified checks, cashier's checks, or money orders. The requester must appropriately complete the request form and mail it along with payment and a self-addressed stamped envelope (SASE) to SLED at:
SLED Records Department,
P.O. Box 21398
Columbia SC 29221-1398.
It is worth noting that for nationwide criminal records, queries can be made to the Federal Bureau of Investigation (FBI) for $18.
Spartanburg County Arrest Records Vs. Criminal Records
A criminal record is a comprehensive document containing details about an individual's criminal history within a specific jurisdiction. The information found within a criminal record is retrieved from different criminal justice agencies, including law enforcement agencies, courts, and correctional facilities.
Conversely, an arrest record is a formal document that details a particular incident in which an individual was taken into custody by a law enforcement agency. Generally, an arrest record provides specific information about an arrest, such as the arrestee's name, the arresting officer, the arresting agency, and the date and time of the arrest.
How Long Do Arrests Stay on Your Record?
In Spartanburg County, arrest records are retained by relevant agencies according to their retention schedule. These retention schedules include the General Records Retention Schedule for County Records (for the County Sheriff's Office and Detention Center) and the General Records Retention Schedules for Municipal Records (for municipal police departments). Both retention schedules are based on the S.C. Code of Regulation Chapter 12.
Under these Retention Schedules, arrest records are maintained for varying timeframes depending on the record type. These records types and their retention periods include:
- Criminal history record: 75 years or until the subject's death, after which they may be destroyed.
- Juvenile booking records may be destroyed three (3) years after the subject reaches majority (18 years).
- Booking reports: 10 years, then they are usually destroyed.
- Arrest cards: Five (5) years, then they are subject to destruction
- Fingerprint files: 75 years or until the subject's death
- Mugshots: Until the record becomes obsolete. Then, they may be destroyed.
Expunge Spartanburg County Arrest Records
Expungement, also called an "order for the Destruction of Arrest Records", is a court order that requires the removal of a feature, such as an arrest record, from a person's criminal record. Once an arrest record gets expunged, the record will no longer be dissemination to the public. However, state laws do not require custodial agencies, such as law enforcement agencies, prosecution agencies, detention centers, and correctional facilities, to destroy expunged arrest records.
In South Carolina, the expungement process is governed by the Uniform Expungement of Criminal Records Act (S.C. Code Ann. § 17-22-910). Under the Act, only certain records are eligible for expungement. These include and are not limited to:
- First offense misdemeanor fraudulent check conviction provided the offender has had no additional convictions within one (1) year of receiving the initial conviction.
- A conviction for a crime that carries a penalty of 30 days or less imprisonment, a fine of $1000, or both. Provided that three (3) years or five (5) years (for a 3rd-degree domestic violence conviction) have passed from the conviction date and the offender has received no additional convictions within those timeframes.
- A first-offense conviction of a juvenile offender under the Youth Offender Act. Provided they do not get convicted of any offense for five (5) years after serving the sentence for their initial conviction, including probation and parole. However, this rule does not apply to convictions for certain offenses, including violent crimes and offenses involving a vehicle's operation.
- First offense conviction for simple possession of a controlled substance or unlawful possession of a prescription drug after three (3) years from the date the offender completed their sentence, including probation and parole. Provided the offender does not receive any additional convictions within the 3-year timeframe.
- First offense conviction for possession with intent to distribute a controlled substance after 20 years from the date the offender completed their sentence, including probation and parole. Provided the offender had no additional convictions within the 20-year timeframe.
- First offense failure to stop when signaled by a law enforcement vehicle if the offender does not receive any additional convictions after three (3) years of completing the terms and conditions of the initial conviction.
Individuals with eligible records can apply for expungement in Spartanburg County through the 7th Circuit Solicitor Office. Note that the expungement process is subject to administrative fees totaling $310. These fees include $250 retained by the Solicitor's Office, $25 to SLED, and $35 for the Clerk of Court filing fee. In certain cases, all or some of these fees may be waived.
To begin the process, eligible individuals can complete the Application for Expungement form and submit it by mail or fax to the Solicitor's Office (PTI) at:
Spartanburg PTI,
P.O. Box 5666,
Spartanburg SC 29304
Fax: (864) 596-2268
The Application for Expungement form contains information on additional procedures needed to complete the expungement process and a list of records that are eligible for expungement. The Solicitor's office usually handles the entire expungement process on the applicant's behalf. Once the office ascertains the applicant's record is eligible for expungement, they will contact the applicant to pay the necessary fees. The entire process can take between 10 to 12 weeks.
Spartanburg County Arrest Warrants
An arrest warrant is an official document that directs law enforcement officials to arrest the individual named in the warrant.
In Spartanburg County, an arrest warrant is usually issued by a magistrate or municipal judge upon the request of a law enforcement officer. Before a warrant is issued, the officer must submit a written "warrant affidavit" to the judge attesting to the facts that there is "probable cause" for the warrant. If the judge is persuaded by the affidavit and its contents, they would sign and issue the warrant. Common information included on an arrest warrant includes, according to S.C. Code Regs. 12-608.8, includes:
- The warrant number
- The subject's full name (the person to be arrested)
- A description of the alleged offense and charge(s)
- The date of the alleged offense was committed
- Date sworn
- The signature of the issuing official
- The name of the affiant
Spartanburg County Arrest Warrant Search
Interested persons can conduct a Spartanburg County arrest warrant search by querying law enforcement agencies and courts within the county. To facilitate their search, record seekers may have to provide the warrant's subject name and date of birth to assist in identifying the desired record.
Do Spartanburg County Arrest Warrants Expire?
No. There is no statute of limitation on arrest warrants per South Carolina law. As a result, an arrest remains enforceable until the warrant is satisfied or dismissed by the issuing judge.
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