South Carolina Criminal Court Records

South Carolina criminal court records are judicial documents that provide information about criminal cases and their prosecution within the court system. They are created during the trial of criminal cases to document each stage of the process and to ensure transparency in the judicial system.

The South Carolina Judiciary is responsible for maintaining state court records, including those related to criminal cases. The South Carolina Freedom of Information Act establishes guidelines for the general public to access, inspect, and request copies of these records.

Are Criminal Court Records Public in South Carolina?

Yes. South Carolina criminal court records are presumed public pursuant to the South Carolina Freedom of Information Act. This act grants members of the general public the right to access, inspect, and request copies of public records from public entities, including the state judiciary. However, the right of public access is not absolute, as certain criminal court documents are protected from public access under Section 30-4-40 and other laws. These protected records include, but are not limited to, sealed, expunged, and juvenile records.

What Criminal Court Records Contain in South Carolina

Some of the typical public-facing content of South Carolina criminal court records includes:

• The case party's personal information (full name and address)
• Case number
• Filed date
• File type
• Assigned judge information
• Case status (i.e., settled, disposed, judgment, pending, etc.)
• Disposition date (if applicable)
• Case type and subtype
• Judgment number
• Court agency

South Carolina Criminal Court Records Search

The pathways for conducting criminal court record searches in South Carolina vary depending on whether the sought-after case is still in trial or under appeal. Regardless, the search process usually involves making in-person requests at relevant clerk of court offices or using online resources they provide.

Appellate courts

Record seekers can use the South Carolina C-Track Public Access portal to access information about criminal cases filed with the Supreme Court of South Carolina and the South Carolina Court of Appeals. The portal is searchable by case or participant detail and is accessible for free. Alternatively, interested persons can contact the Clerk of Court's Office of the appropriate court to request court records for an appellate case. The contact information and addresses of the South Carolina Supreme Court and Court of Appeals clerk's office are provided below:

South Carolina Supreme Court Clerk's Office

South Carolina Court of Appeals Clerk's Office

Trial courts

In South Carolina, each County's Clerk of Court is responsible for maintaining court records for criminal cases handled by trial courts, such as Circuit Courts, within their jurisdiction. Most County Clerks of Courts provide online resources that interested parties can use to access criminal court records they maintain. The Charleston County Clerk of Court's online services website is a good example. Interested persons can use the South Carolina Judiciary case record search directory to find online resources offered by other county clerk of court offices.

Most County Clerk of Court Offices also accept in-person and written requests for public criminal court records in their custody. Record seekers are typically charged a fee for copies of documents they request, as well as a non-refundable search fee for written requests. For instance, the Kershaw County Clerk of Court charges $1.00 per page for copies of court records, plus $2.00 for certification, and a $20 search fee for a written request.

Free Access to Criminal Court Records in South Carolina

Interested persons can access criminal court records for free in South Carolina through online sources provided by County Clerk of Court offices. However, these online resources usually only offer basic case information.

Record seekers can also access criminal court records for free in person at relevant County Clerk of Court offices. These offices may allow free in-person inspection of court records. However, requests for copies of records may incur specific fees.

Sealing and Expungement of Criminal Court Records in South Carolina

In South Carolina, the terms "expungement" and "sealing" are often used interchangeably to describe a legal process that removes an arrest, criminal charge, or conviction from an individual's criminal record. Once removed, the state records related to the arrest, charge, or conviction are sealed or destroyed, preventing public access.

How to Seal Criminal Court Records in South Carolina

In South Carolina, criminal court records cannot be specifically sealed. The only way to get criminal records removed from one's record is to apply for expungement.

How to Expunge a Criminal Record in South Carolina

Interested persons can apply for criminal record expungement in South Carolina under the Uniform Expungement of Criminal Records Act, codified in S.C. Code Ann. § 17-22-910. The general application process involves the following steps:

Step 1: Ascertain eligibility

Not all criminal records can be expunged. For instance, most traffic convictions are ineligible for expungement except for first-time failure to stop for a blue light. Furthermore, convictions for felonies and heinous crimes, as well as those involving fish and wildlife, are also ineligible for expungement. Only certain cases are eligible for expungement under specific circumstances. These include, but are not limited to:

• First offense conviction for simple possession of a controlled substance or unlawful possession of a prescription drug, as long as no additional criminal convictions were received within 3 years following the completion of the sentence, including probation and parole.
• First offense conviction for failure to stop for a blue light misdemeanor, if the offender has received no other convictions within 3 years after all terms and conditions of the sentence were completed.
• First offense conviction for possession with intent to distribute a controlled substance, as long as there are no other drug convictions or felony convictions in any state within 20 years following the completion of the sentence, including probation and parole
• First offense convictions for possession with intent to distribute a controlled substance, provided the offender has not been convicted for other drug or felony in any state within 20 years following the completion of their sentence, including probation and parole.
• Dismissed or nol prossed (not prosecuted) charges.
• Charges that resulted in "not guilty" verdicts.
• Convictions that are punishable by a maximum penalty of up to 30 days in jail and a $1,000 fine, or first offense convictions of unlawful possession of a firearm, provided that the offender does not receive additional charges within 3 years of the conviction date (5 years for criminal domestic violence).

Step 2: Determined the appropriate place to apply:

According to S.C. Code Ann. §17-22-950, the expungement process for eligible non-convictions that arose from a Magistrate or Municipal Court is handled by those courts. This includes cases where the accused was found not guilty, the charges were dismissed, or nolle prossed. Meanwhile, the expungement application process for all other types of eligible criminal records is handled by the Solicitor's Office of the county where the charge or conviction originated.

Step 3: Pay the required fees.

The expungement application process is subject to specific fees. These include $250 to the Solicitor's Office, $25 to SLED, and a $35 filing fee to the Clerk of Court. In some instances, all or some of these fees may be waived.

It is worth noting that the South Carolina Judiciary's Expungement Application Process page provides comprehensive guidance on eligibility requirements and the application process for expunging a criminal record.

Criminal Records in South Carolina vs Court Records

South Carolina criminal records are compilations of official documents generated by local criminal justice agencies that detail individuals' interactions with the local criminal justice system, including arrests, criminal charges, and convictions. The South Carolina State Law Enforcement Division (SLED) compiles and maintains these records.

Conversely, criminal court records are judicial documents that provide comprehensive information about the prosecution of criminal cases. These records are primarily maintained by the Clerk of Court's office serving the county where the court that hears the criminal case is located.

Requesting a South Carolina Criminal History Record

Interested persons can request a South Carolina Criminal History Record from the South Carolina State Law Enforcement Division (SLED). These records are public, and there are no restrictions on who can request them. As a result, interested individuals can request and obtain another person's criminal history records from the SLED.

How to Request a South Carolina State Background Check

South Carolina's State Law Enforcement Division (SLED) offers two primary methods for requesting a South Carolina Background Check: online or by mail-in application. All requests are subject to a non-refundable fee of $25.00 and an additional $1.00 convenience fee for online requests. However, charitable organizations are eligible for a reduced cost of $8.00, and local school districts are not charged for the background checks they conduct on prospective substitute and full-time teachers.

Online requests can be made through SLED's Citizens Access to Criminal Histories (CATCH) website. The website allows users to search, view, and print criminal records information from South Carolina, and it is strictly searchable by name. Required fees are payable by credit/debit card on the website.

Alternatively, a mail-in request can be made using the Criminal Records Check Form. Requesters can complete the form and mail it along with appropriate fee payments (via business check, certified check, cashier's check, or money order), and a self-addressed stamped envelope (SASE) to:

Active vs Archived Criminal Cases in South Carolina

In South Carolina, active cases refer to legal proceedings that are still ongoing, where the presiding court has yet to issue a final judgment. Court records of these cases are usually easily accessible through the County Clerk of Court office serving the jurisdiction where the presiding court is situated.

By contrast, archived cases are those that have been resolved or temporarily closed and have exceeded the applicable record retention periods established under S.C. Code of Regulations. § 12-300. Court records from such cases are usually transferred from the County Clerk of Court's office to an off-site facility for proper storage. As a result, requests for such records typically take longer to process and may incur higher retrieval fees.