South Carolina Public Records Law

South Carolina calls its public record law the Freedom of Information Act (FOIA). The Act was enacted in 1978 to improve the goal of the South Carolina government to remain transparent and accountable to citizens. The FOIA is a set of laws that grants access to citizens to inspect or copy public records of public bodies in the state. Public bodies in South Carolina include any department of the state, state board, commission, agency, authority, and political subdivision of the state.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in South Carolina?

The South Carolina FOIA does not specify who may receive a public record request. However, many public bodies have designated FOIA officers to handle public record requests. Therefore, your requests for public records in South Carolina should be addressed to the FOIA officer designated by the agency maintaining the specific record. Alternatively, you may visit the website of the agency to determine the employee or person tasked with FOIA duties.

How Do I Request Public Records in South Carolina?

You may request South Carolina public records under the FOIA in the following way:

  • Determine which state or local government agency maintains the record you need
  • Find out how the agency accepts public record requests
  • Prepare your request. Include clear details about the record you need
  • Submit your request in a manner acceptable to the agency. Some agencies accept email, mail, online, and in-person requests.
  • Pay any applicable fee

Alternatively, you may use third-party services online to request and view South Carolina public records.

What Records are Public in South Carolina?

All public records of public bodies in South Carolina may be obtained by interested persons. Some of the commonly requested public records in the state are:

  • Vital Records: Although birth and death certificates are only available to persons named on the records and people with tangible interests, marriage and divorce records may be obtained by third parties.
  • Property Records: Examples include land records, mortgages, deeds, and property tax records
  • Judicial or Court Records: These include circuit court records, family court records, probate court records, magistrate court records, and municipal court records. Some court of appeals and Supreme Court records are also publicly available
  • Law Enforcement Records: Examples include police reports, incident reports, and jail and inmate records.
  • Government Financial Records: These include audit reports, budget reports, financial statements, and contract and procurement records.

Who Can Request Public Records in South Carolina?

Per S.C. Code Ann. § 30-4-30(a), any person may inspect or copy any public record in South Carolina. S.C. Code Ann. § 30-4-20(b) defines "any person" to include any individual, firm, corporation, organization, partnership, or association.

What Is the Response Time for Public Records Requests in South Carolina?

According to the South Carolina FOIA laws, a public body must respond within 10 days (except legal public holidays, Saturdays, and Sundays) of receiving a written request for public records less than 24 months old. If the record requested is more than 24 months old at the request time, the public body has 20 days to respond.

If a public record request is approved within the stated periods, the record must be made available for copying or inspection within 30 calendar days (excluding weekends) or 35 days (if the record is older than 24 months) from when the final determination was provided.

What Is the Fee Charged for Providing Copies of Public Records?

Typically, no fee is charged for inspecting public records in South Carolina. However, fees may apply when copying public records. Also, the FOIA states that agencies may ask for a deposit not exceeding 25% of the total anticipated record reproduction cost.

Since exact fees are not mandated by the FOIA, the actual fees for obtaining public records vary from one agency to another. Typically, agencies charge between $0.10 and $0.25 per page for black and white paper copies, while color copies may be charged at $0.25 per page.

What Records Are Exempted Under the South Carolina Public Law?

Some records are exempt from public disclosure following the provisions of the South Carolina FOIA. Such records include:

  • Records that would result in an unwarranted invasion of personal privacy
  • Any information that would endanger the physical safety or life of an individual
  • Records containing trade secrets or confidential commercial information
  • Records that could interfere with law enforcement investigations or judicial proceedings
  • Income tax returns and related documents.
  • Adoption records
  • Medical records
  • Records involving minors, such as juvenile court proceedings or delinquency cases
  • Confidential business information submitted to government agencies by private entities
  • Certain criminal records, such as juvenile criminal history or records sealed by court order