One of the most common and stressful questions we hear from clients under investigation is whether the situation will show up on their record before any charges are filed. Understandably, people worry about what employers, licensing boards, or even landlords might find if they run a background check.
The short answer is this: unless and until an arrest is made, there is nothing that would show up on a standard criminal background check. In South Carolina, the criminal record system used by employers, professional boards, and law enforcement agencies only reflects official arrest and court records. If you have not been arrested, there will be no entry for anyone to see in a typical background report.
That means if you apply for a job, renew a professional license, or go through another standard screening process, there is no public record from a criminal database showing that you are under investigation. This alone can be a major relief to many people. We regularly help our criminal defense clients while they are under an investigation, to help them try to avoid an arrest or minimize the scope or severity of charges.
The Open Records Caveat
There is one important exception to keep in mind. South Carolina has an open records law—sometimes called the Freedom of Information Act (FOIA)—that makes many government documents accessible to the public. Police incident reports are generally considered public records.
If there has been a police report filed regarding an incident or allegation involving you, that report could be obtained by a member of the public. The process is not as simple as running a background check online. Instead, someone would have to know which police department to contact, submit a request for records, provide your name, and pay a small administrative fee. If the department has a report mentioning you, they would typically provide it.
How Often Does This Happen?
In reality, it is extremely rare for anyone to go to these lengths unless they have a specific reason. We usually only see this in situations where someone is involved in a contested legal matter, such as a divorce or child custody dispute, and the opposing party or their attorney is being very thorough in gathering information.
This is not something that would occur as part of a normal employment background check. Employers use commercial screening companies to check public court records, and they do not generally request incident reports from individual police departments.
What This Means for You
If you are the subject of an investigation but have not been arrested, you can take some comfort in knowing that your standard background check will remain clear. However, it is still important to take the situation seriously. Police investigations can move quickly, and in some cases, charges may be filed with little warning. Once an arrest is made, the record is created, and from that point forward, it can appear on background checks unless the matter is later dismissed and expunged.
If you are concerned about how an investigation may affect your personal or professional life, speaking with a criminal defense attorney right away is the best way to protect yourself. We can explain your rights, guide you in interacting with law enforcement, and help you understand the potential risks and timelines involved. It's important to protect your rights during a police investigation, and having an experienced lawyer on your side can make a major impact on the outcome of your case.
At the Law Office of James R. Snell, Jr., LLC, we regularly assist clients in Lexington, Columbia, and throughout South Carolina who have found themselves in the middle of a law enforcement investigation. We understand how stressful it is to feel that your reputation and future are in limbo, and we work to provide clear answers and effective legal guidance from the very beginning.
All cases are unique, and prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.
For immediate assistance, contact us for a free consultation by calling (803) 359-3301. Same-day appointments are typically available.