Spartanburg County, South Carolina Arrest Records
Spartanburg County arrest records are official documents that capture a person's apprehension and incarceration for an alleged crime. The Spartanburg County Sheriff's Office creates these records and disseminates them to members of the public under the South Carolina Freedom of Information Act (FOIA). City police departments in Spartanburg County also maintain arrest records, including the Spartanburg Police Department and the Inman Police Department. Interested persons may view or copy arrest records at the Sheriff's Office or at local police departments, in person or online, during business hours. People sometimes mistake arrest records for criminal offender record information, but they are different. The S.C. Code Regs § 73-24 regulates criminal offender record information, not FOIA.
Are Arrest Records Public Information in Spartanburg, South Carolina?
Yes. The South Carolina Freedom of Information Act (FOIA) governs the public disclosure of arrest records in Spartanburg County. Anyone may inspect or copy these records without being a county resident. However, this does not include inmates except when they need the records to exercise their constitutionally protected rights. The Spartanburg County Sheriff's Office provides public arrest records online, by mail, and in person during business hours without requiring proof of identification. However, requesters may need to provide basic information about the arrest to facilitate the search. All arrest record requests are processed within 10 working days.
What Do Public County Arrest Records Contain?
The South Carolina Freedom of Information Act (FOIA) permits law enforcement agencies in Spartanburg County to release certain information from arrest records to the general public. Examples of such information include:
- Inmate's mugshot, full name, height, weight, age, race, and sex
- Booking number, booking date, release date, and total bond
- Charge description, arresting agency, booking time
Per SC Code §30-4-40, requesters must note that not all arrest records are available to the public. The Spartanburg County Sheriff's Office withholds any arrest records protected by privacy laws or expunged. Typically, the following arrest records are exempt from public disclosure:
- Juvenile arrest records
- Any arrest record whose disclosure would constitute an unreasonable invasion of personal privacy
- Any arrest documents or video/audio recordings whose disclosure would:
- Endanger a person's life or physical safety.
- Interfere with pending law enforcement proceedings.
- Constitutes an unreasonable invasion of personal privacy.
- Reveal any contents of communications not revealed during a trial.
- Deprive a person of their right to a fair trial or an impartial adjudication.
- Reveal a confidential source's identity and current techniques for law enforcement investigations.
Spartanburg County, South Carolina Arrest Search
The primary state-level source for locating arrest records is the South Carolina Department of Corrections (SCDC). The SCDC has an Inmate Search portal where the public may find photographs and arrest information of inmates currently incarcerated in state prisons. Users must enter the inmate's SCDC number, SID, first name, or last name to find the desired records. Alternatively, interested persons may visit any SCDC Institution to obtain copies of arrest records for a fee.
Requesters have several options for finding federal arrest records. Most federal law enforcement agencies make their records available online and in person at local locations. For example, the U.S. Immigration and Customs Enforcement (ICE) disseminates arrest records online without charges through its Online Detainee Locator System. The requester must enter an A-Number or biographical information in the appropriate search box to find the desired record. Alternatively, they may obtain copies of arrest records for a small fee at any ICE local field office or detention facility. Similarly, the Federal Bureau of Prisons (BOP) uses its Inmate Locator to publicly disclose information about inmates in its custody. Record seekers can also visit the BOP facility in person to obtain copies of arrest records.
Spartanburg County Inmate Locator
The Spartanburg County Sheriff's Office provides a Bookings Search tool that almost anyone can use. First, you'll neeed to visit the Sheriff's Office's official website. next, select "Resources" from the top menu, and then click on "Bookings Search" from the dropdown. Enter the appropriate search criteria to perform a search. Interested persons may also contact the office by phone, fax, or in person during business hours. The address is below:
Spartanburg County Sheriff's Office
8045 Howard Street
Spartanburg, SC 29303
Phone: (864) 503-4500
Fax: (864) 503-4561
Active Warrant Search in Spartanburg County
Per South Carolina Code §22-5-110, Spartanburg County magistrates only issue arrest warrants to law enforcement officers acting in their official capacity. The issuance is based on probable cause that the underlying offense was committed. The magistrate will issue a courtesy summons instead of an arrest warrant if a private citizen seeks one. The officer executing the arrest warrant must furnish the defendant with a copy of the warrant and the supporting affidavit (SC Code §22-5-210).
The Spartanburg County Sheriff's Office's Warrant Division keeps warrants and makes them public upon request. Anyone seeking an active warrant may call (864) 503-4500 or visit the Records Section from Monday to Thursday, 8:30 a.m. - 5:00 p.m., and on Friday, 8:30 a.m. - 4:00 p.m.
How to Find Arrest Records for Free in Spartanburg County
The only free option for obtaining arrest records in Spartanburg County is the online tool provided by the Sheriff's Office. The portal will reveal basic information about the arrested person without users having to pay any fee. However, this free tool has limitations. For example, users may not be able to view older or expunged arrest records from it. It does not have a feature for users to download arrest documents, and it may sometimes contain errors or omissions.
Spartanburg County Arrest Report
In Spartanburg County, arrest reports and arrest records are related but not the same thing. The arresting officer writes an arrest report detailing everything that happened during the arrest, including witness statements, evidence seized, how the arrest occurred, and the probable cause for the arrest. Law enforcement agencies use arrest reports to create arrest records that summarize the incident and include the offender's name, arrest date, charges, arresting agency, and disposition. Arrest reports are not released to the public, but arrest records are public documents.
How to Get an Arrest Record Expunged in Spartanburg County
In Spartaburg County, an expungement is a court order that removes arrest information from a person's criminal record. This does not obligate law enforcement agencies to destroy the person's arrest records, but the information will be restricted from the public. The following categories of cases relating to an arrest are eligible for expungement under South Carolina Law:
- Juvenile arrest records (SC Code § 63-19-2050)
- Arrests where charges were dismissed or the defendant was found not guilty (SC Code § 17-1-40)
- Convictions about first offense, simple possession, or possession with intent to distribute (SC Code § 22-5-930)
- First offense conviction as a youthful offender, but expungement should be applied for after five years from the conviction date (SC Code §22-5-920)
- First offense misdemeanor convictions under the Fraudulent Check Law, and no additional criminal activity has taken place in one year from the conviction date (SC Code § 34-11-90 (e))
- The defendant was convicted under the "conditional discharge" provisions of this specific law and has successfully complied with the terms of that sentence (SC Code § 44-53-450 (b))
- A first offense conviction of a non-aggravated violation for Failure to Stop for a Blue Light and Siren. The defendant also has no criminal convictions for three years following the completion of the sentence (SC Code § 56-5-750)
- The defendant has completed the Pre-Trial Intervention Program (SC Code § 17-22-150), Alcohol Education Program (SC Code § 17-22-530), Youth Challenge Academy and Jobs Challenge Program (SC Code § 17-22-1010), or Traffic Education Program (SC Code § 17-22-330(a))
Eligible individuals should submit an Application for Expungement Form to the 7th Circuit Solicitor's Office by mail, by fax, or in person from Monday through Friday from 8:30 a.m. to 4:30 p.m. The expungement coordinator will review the application and contact the applicant regarding the fees associated with the case. The office may require the applicant to provide proof of disposition if they are unable to locate it from the relevant agencies. The Solicitor's Office will charge an administrative fee of $250, payable by money order, to cover the cost of the expungement process. The expungement process in Spartanburg County takes approximately 6 months.
The office will prepare and type a proposed expungement order acceptable to the SC Court Administration. The applicant must send a $25 money order (a fee waiver is available for some charges) to cover the submission of the proposed order to the South Carolina Law Enforcement Division (SLED) for confirmation that the criminal charge meets the eligibility requirement. Afterwards, the staff will request the signature of the Solicitor or their designee and the approval and signature of a Circuit Court Judge. They will also file the original signed Order with the Spartanburg County Clerk of Court's Office, but the applicant must pay a $35.00 filing fee (excluding SC Code § 17-1-40 expungement). If the application is approved, the Solicitor's Office will obtain certified copies of the Order from the clerk and deliver or mail them to the relevant agencies. The agencies are responsible for expunging the applicant's arrest records. The Solicitor's Office will also mail one certified copy of the Order to the applicant.
Review the Expungement Procedures and Expungement Worksheet for more information on how to get arrest records expunged in Spartanburg County.
How Do You Remove Spartanburg County Arrest Records From the Internet?
The 7th Circuit Solicitor's Office may help eligible individuals remove their arrest records from official government websites when applicants submit an application form and all required fees. If the expungement request is approved, the office will send an expungement order to all relevant agencies involved in the case so they may remove the applicant's arrest records from their public databases.
If one's arrest records are on a third-party website, the person may visit the site and submit a takedown request. Use the remove or opt-out feature on the site and submit a copy of the expungement order. If the site refuses to remove the arrest records, the person may seek legal services to enforce their right to privacy.