South Carolina Court Records

The South Carolina court structure comprises four levels: the courts of limited jurisdiction (magistrate courts, probate courts, and municipal courts), the trial court of general jurisdiction (circuit court, family court, and master-in-equity), the intermediate appellate court (court of appeals), and the appellate court (supreme court). Together, these courts handle about 1.5 million cases annually.

At the top of the state court system is the Supreme Court, the highest court in the state. It serves as the final authority on matters of state law and has both original and appellate jurisdiction. The court hears appeals in cases of significant public interest and legal importance and oversees the regulation of the legal profession and the judicial system.

The court of appeals primarily handles appeals from the circuit and family courts. This court was established to ensure that most appeals are resolved without needing to be reviewed by the highest court.

Below the intermediate appellate and appellate courts is the circuit court. This court serves as the state's court of general jurisdiction and is divided into two divisions: the court of common pleas for civil matters and the court of general sessions for criminal cases. Beyond its trial responsibilities, the circuit court also hears appeals from lower courts such as probate, magistrate, and municipal courts, as well as from the administrative law court, which deals with issues involving state agencies.

The family court is a separate, statewide court system with exclusive jurisdiction over domestic matters. These include divorce, child custody and visitation, child support, adoption, and juvenile delinquency.

Probate courts in South Carolina handle matters relating to wills, estates, marriage licenses, and guardianships, while municipal courts handle city ordinance violations and minor offenses such as traffic tickets. In addition, magistrate courts hear similar cases at the county level, including small claims and minor criminal matters. Some counties have masters-in-equity to handle non-jury civil cases such as foreclosures and tax sales, often referred by circuit courts.

What Are the Types of Court Records In South Carolina?

The South Carolina judiciary designates court clerks as the custodians of court records in the state. Hence, clerks of court are responsible for maintaining records, ensuring accessibility to authorized individuals, in addition to managing administrative tasks related to court proceedings.

The types of records maintained by each court in the South Carolina judicial system include:

• South Carolina Supreme Court
• Opinions and Rulings: Final written decisions issued on cases with statewide legal implications or constitutional interpretation.
• Case Dockets: Listings of all pleadings, motions, and orders for cases under review by the Court.
• Attorney and Judicial Disciplinary Records: Proceedings and outcomes related to ethics violations and professional misconduct.
• Administrative Orders and Rules: Issuances that govern the operation of courts and legal practice throughout South Carolina.
• Petitions for Writs of Certiorari: Requests for the Court to review decisions from the Court of Appeals or lower courts.
• South Carolina Court of Appeals
• Appellate Case Dockets: Records of all appeals filed, including procedural steps, briefs, and rulings.
• Published Opinions and Memorandum Decisions: Legal explanations and judgments issued in appeal cases.
• Motions and Legal Briefs: Documents outlining each party's legal arguments in an appeal.
• Oral Argument Summaries or Transcripts: Available for cases in which the court hears verbal arguments from attorneys.
• South Carolina Circuit Courts
• Criminal Records: Includes records of felony charges, indictments, trials, convictions, and sentencing.
• Civil Litigation Records: Encompasses lawsuits involving contracts, tort claims, property disputes, and judgments.
• Personal Injury and Property Disputes: Detailed filings and outcomes in negligence and land use conflicts.
• Probate and Estate Case Files: Wills, estate settlements, guardianship, and conservatorship matters may also appear when appealed from the Probate Court.
• South Carolina Family Courts
• Divorce and Separation Records: Includes petitions, final decrees, and related property settlements.
• Child Custody and Support Orders: Documents determining parental rights, visitation, and financial obligations.
• Juvenile Justice Records: Non-public proceedings for juvenile delinquency or status offenses.
• Adoption and Termination of Parental Rights: Some of these are confidential and sealed by court order.
• South Carolina Magistrate and Municipal Courts
• Traffic and Misdemeanor Records: Speeding, DUI, reckless driving, and minor criminal offenses.
• Small Claims Cases: Civil disputes involving claims up to $7,500 in Magistrate Courts.
• Evictions and Landlord-Tenant Disputes: Residential eviction proceedings and rulings.
• Local Ordinance Violations: City code violations such as noise complaints, curfew, and disorderly conduct.

Are South Carolina Court Records Public?

South Carolina court records are generally considered public records per the South Carolina Freedom of Information Act (FOIA). The FOIA establishes the public's right to inspect or obtain copies of public records, including records of South Carolina courts, except those that have been specifically exempted by law.

Exemptions exist for certain records or parts of records, such as adoption records, juvenile records, law enforcement records under active investigations, and personal information such as Social Security numbers and mental health records. In addition, some records are sealed from public view in compliance with a court order.

Courts in South Carolina may seal or approve a sealing request for various reasons, such as protecting sensitive information or to ensure fairness in legal proceedings.

How Do I Search South Carolina Court Records?

You may search court records in South Carolina using the following methods:

• Use the Case Records Search: You may use the case records search resource on the South Carolina courts website to look up court records. The tool offers unique links to search the court records in each county. To perform a search, you will need to provide a case number, party name, or case filing date.
• C-Track Public Access: The C-Track Public Access provides access to records of the South Carolina appellate courts. Users may view events and basic case information relating to court cases. Documents related to an event in a case are also available for viewing.
• Submit a FOIA Request: For records not readily available, you can file a Freedom of Information Act (FOIA) request with the appropriate court.

How To Retrieve Court Records Offline

If the records you need are not available online or you want a certified copy of a South Carolina court record, you must visit the courthouse where the case was filed. At the courthouse, you may submit a request to the office of the clerk of court. You will need to provide certain information to help the court staff locate the case record, such as:

• Case number
• Names of the parties involved
• Date of filing or hearing
• Type of case
• Attorney Information (if applicable)

Once you have provided the necessary information, you may be required to provide payment for copy fees. The fees for copying court records in South Carolina can vary by court and type of record. The cost for regular copies is typically around $0.50 per page, while certified copies may range between $1 and $5 per document. Note that some courts may charge additional fees for complex requests, such as those involving researching files that may have been archived or for large-volume requests.

If the records you seek are easily accessible and located at the court, you may receive them the same day. However, if the record needs to be retrieved from archives or is sealed, it may take up to a few weeks for the request to be processed.

Can I Seal or Expunge a South Carolina Court Record?

Sealing a record means that the record has been removed from public access and is not available to the public. However, expungement refers to the destruction of records of conviction or arrest so that the record no longer appears on a background check. Expungement in South Carolina is also called an Order for Destruction of Arrest Records. South Carolina's expungement records are contained in Section 17-22-910 of the state code.

In South Carolina, certain criminal charges and convictions may be eligible for expungement under specific conditions. These include cases that were dismissed, not prosecuted (nol prossed or no-billed), or resulted in a "not guilty" verdict. Charges dismissed following successful completion of diversion programs such as the Pretrial Intervention (PTI), Alcohol Education Program (AEP), or Traffic Education Program (TEP) also qualify.

A first-time misdemeanor conviction for issuing a fraudulent check may be expunged if there are no further convictions within one year. Similarly, a first-time drug possession charge can be expunged if the individual completes a court-ordered conditional discharge. First-offense misdemeanor convictions that carry a maximum penalty of 30 days in jail or a $1,000 fine may be expunged after three years without any additional convictions.

For a first criminal domestic violence conviction, the waiting period extends to five years without any new offenses. Offenders sentenced under the Youthful Offender Act (YOA) for certain non-violent crimes committed before turning 25 may qualify for expungement after five years following the completion of the sentence, provided no new convictions occur during that time.

A first offense for failure to stop for a blue light can be expunged after three years, assuming the individual remains conviction-free. Eligible juvenile offenses may also be expunged if the person is now at least 18 years old, has completed their sentence, and has no subsequent charges. The juvenile offense must be non-violent or a status offense, and the individual must not have any prior adjudications that would carry a sentence of five or more years if committed by an adult.

However, some conviction records cannot be expunged. These include the following:

• Fish and wildlife convictions
• Traffic convictions, except a first-offense failure to stop for a blue light
• Conviction for heinous crimes and felonies

Upon verifying your eligibility for an expungement in South Carolina, you may apply for the expungement order in the following ways:

• Obtain Necessary Documents: Gather certified copies of the final disposition for each charge you intend to expunge. These can be obtained from the clerk of the relevant court or the arresting agency.
• Complete the Application: Fill out the Expungement Application form, which may be obtained from your local solicitor's office or the South Carolina Judicial Branch website.
• Submit the Application: Submit the completed application, along with the required documents and fees, to the solicitor's office in the county where the charge originated. Applications may typically be submitted in person or by mail.
• Pay Applicable Fees: Fees vary depending on the type of charge and may include:
• A non-refundable administrative fee ($250)
• A SLED verification fee ($25)
• A Clerk of Court filing fee ($35)

For records with dispositions such as nol prossed, dismissed, no-billed, or not guilty, there are no fees involved. However, if dismissal is part of a plea agreement, you will be required to pay the $250 administrative fee.

• Await Processing: The solicitor's office will review your application and forward it to the South Carolina Law Enforcement Division (SLED) for eligibility verification. If approved, the application will be signed by the necessary judicial authorities and filed with the clerk of court.
• Receive Expungement Order: Once the expungement is granted, you will receive a certified copy of the expungement order. This order will also be sent to all relevant agencies to update their records accordingly.

Note that the entire expungement process may take up to six months in South Carolina.

How To Search Federal Court Records in South Carolina

The United States District Court for the District of South Carolina is the only federal court in the state. This court handles matters relating to violations of federal laws. It also hears cases of bankruptcy and admiralty law.

You may access the records maintained in this court online via the Public Access to court Electronic Records (PACER). You will need to provide details such as the name of a party involved in the case and the filing date to access court records via this portal. Also, it costs $0.10 per page to access court records online via PACER. However, this fee is capped at $3 per document.

You may also access federal court records offline in South Carolina by visiting the courthouse where the case was filed. Since court clerks are the custodians of court records, your request must be submitted to the office of the clerk of the court. Note that these fees apply to obtain physical copies of court records from the United States District Court for the District of South Carolina.

How To Get South Carolina Court Records Online for Free?

South Carolina court records may be obtained online for free using the case records search resource on the state court website and the C-Track Public Access tool. The case records search resource offers access to records of the trial courts, while the C-Track Public Access tool provides free online access to records of the court of appeals and the supreme court.

It is also possible to get South Carolina court records online for free via reliable third-party databases like peoplerecords.us. These sites aggregate public record data from various official sources into searchable online databases.