In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In South Carolina, criminal records, including arrests, convictions, and other proceedings, are generally public. However, there are specific instances where these records can be expunged or sealed. Expungement in South Carolina is the process of having criminal records destroyed, and it is available under limited circumstances, such as for first-time offenders of non-violent crimes after a certain period or for crimes that were dismissed or where the individual was found not guilty. Sealing of records is less common and typically involves a court order that restricts the accessibility of the records to private parties, while still allowing access for government agencies. Certain records are not available to the public, such as juvenile records, unexecuted warrants, and documents that could compromise investigations or national security. Judges in South Carolina may also have the authority to seal additional documents or close hearings to protect individuals or sensitive information. The specific laws and procedures for sealing or nondisclosure of criminal records are found in South Carolina's statutes, and they may differ from federal practices, where sealing of arrest or conviction records is quite rare.