Court, Jail, and Sex Offender Records

Major sources of searchable public records come from the court systems, jail bookings, and the sex offender registry. These data sets can provide insight into the criminal or civil case history for an individual under investigation. However, it is important to recognize the limitations of these data.

Video Lecture

Court Cases

Basic record information is available for all court cases in South Carolina, unless the case has been expunged or sealed. Details for certain cases may be available at the courthouse or through the filing of a Freedom of Information Act request. Civil court records include information about divorces, lawsuits, and evictions. Criminal cases in South Carolina include both misdemeanor and felony charges. Speeding tickets in South Carolina are misdemeanors under state law, so a person’s propensity for driving with a lead foot is public information.

The South Carolina Public Index provides an online interface for searching state court records for each county in the state. Details present in court records available from this system include the person’s or party’s address, birth year (sometimes the entire birth date), case type (civil or criminal), the complaint, and any disposition information. Total amounts of fines and/or court costs are also included.

As of late 2020, copies of court filings for some civil cases have become available through the public index. These filings detail the accusations and responses made in the case, providing some insight into the underlying dispute.

Federal Cases

Unlike South Carolina state cases, which can be searched for free, federal cases are significantly more difficult to research without access to a paid database. The federal Public Access to Court Electronic Records (PACER)¹ system provides a means to search for federal court records and view documents. However, a per-page fee applies to both the search result pages and the documents, which can make searches expensive.

Another approach for searching federal cases is to use a commercial provider that collects and indexes case records. One major provider is Westlaw², whose database is searchable through the Coastal Carolina University library. LexisNexis³ is another major provider.

Jail Records

Jail bookings and releases in South Carolina are public records. Booking records generally include the individual’s name, date of birth, and photo. Booking date, release date, and charges are also normally listed. It is extremely important when using arrest records as a source to remember that a person who is merely arrested is presumed innocent until convicted in court.

For those suspects who are ultimately convicted, prison records are also searchable. These records can provide information about the incarceration status of an inmate.

Sex Offender Registry

Megan’s Law (1996) established a federal requirement for all states to register, track, and notify the public about sex offenders present in the local community.⁴ The Adam Walsh Child Protection and Safety Act of 2006⁵ expanded upon the registration requirement and mandated the types of information about sex offenders that states must make publicly available on the Internet. It is up to each individual state to maintain its own registry.

While the idea of the sex offender registry is to protect the public by notifying them of the presence of offenders, there are some problems with the registry. First, children as young as 8 years old have been put on the registry for what might otherwise be considered normal childhood exploratory behavior.⁶ Registration requirements last well into adulthood (potentially for life) and are accompanied by the same restrictions and corresponding consequences as if the person were an adult at the time of the offense. For example, the Coastal Carolina University 2020-2021 Code of Student Conduct specifies that “[a]ny student who becomes a registered sex offender prior to or during the student’s tenure at the University will be subject to permanent dismissal.”⁷

Another major problem with the sex offender registry is that there is a lot of “noise” in the registry. For example, an older teenager could be placed on the registry long into adulthood for having a teen partner who happens to be under the age of consent.⁸ Public urination (resulting in indecent exposure) can be an offense requiring registration in South Carolina if the trial judge makes such a finding.⁹ Since there are so many offenders in the registry whose offenses were not especially serious, it is likely that some offenders will be found in any given area when performing a search. These results can cause a moral panic in a neighborhood or area, even if the original offense was committed as a juvenile or young adult many years in the past.¹⁰

Consequently, the results of the sex offender registry must be used with caution. Not every offender is of equal risk to the community, and the presence of an individual on the registry does not permit a forensic investigator to jump to conclusions when examining evidence.

Links

• South Carolina Public Index
• CCU Library - Westlaw Database - CCU login required for access
• Horry County Sheriff’s Office - Detention Center Daily Bookings and Releases
• South Carolina Department of Corrections Incarcerated Inmate Search
• Federal Bureau of Prisons Inmate Locator
• South Carolina Public Sex Offender Registry

Notes and References

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