South Carolina Court Records Search

South Carolina Court Records & Case Lookup

South Carolina's Freedom of Information Act provides the basis for public access to court records in the state. This Act promotes transparency in the operations and decisions of the state courts, allowing members of the general public to access the majority of the over 300,000 cases filed annually in the state courts.

The state provides access to case records online for trial courts in each South Carolina county, family courts, and the appellate courts. If you have the case number or the name of a party involved in a case, you may use the portals to find case information. Alternatively, court records may be obtained in person when visiting the court clerk's offices.

Despite the public nature of court records, state law tries to balance the privacy rights of individuals and the transparency goals of its judicial system. Hence, the state allows eligible persons to petition the state for the expungement of some court records, preventing the public from accessing them. Also, per law, certain sensitive information such as Social Security numbers and mental health information contained in court records may be redacted.

State of South Carolina Court System

The South Carolina court system comprises the state supreme court, court of appeals, family courts, magisterial courts, probate courts, master-in equity courts, and municipal courts. The Supreme Court is the highest tribunal in the state and has original and appellate jurisdiction but typically acts only in its appellate capacity. The Court of Appeals is the intermediate appellate court, and it hears most appeals gathered from the circuit and family courts; exception occurs when an appeal lands in any of the seven appeal classes mandated to be heard by the Supreme Court. These include cases involving:

• The death penalty
• Public utility rates
• Significant constitutional issues
• Public bond issues
• Election laws
• An order limiting the investigation by a state grand jury
• An order of a family court relating to an abortion of a minor

South Carolina Trial Courts

There are multiple trial courts within the South Carolina court system. They handle various cases and generally specialize in specific case types.

Circuit Courts in South Carolina

The circuit court can also be known as the court of general jurisdiction in South Carolina. It comprises the Court of Common Pleas (civil court) and a court of general sessions (criminal court). Besides having a general jurisdiction over trials, this circuit court enjoys a limited jurisdiction over appellate appeals from municipal, magistrate, and probate courts.

Family Courts in South Carolina

Matters of domestic and family relationships are in the exclusive jurisdiction of the South Carolina family court. Hence, the court hears cases relating to marriage, divorce, visitation rights, custody, parental rights termination, the division of property within the marriage, adoption, and name change.

The South Carolina Family Court has the only jurisdiction managing minors below the age of 18 alleged to be violating municipal ordinances or state law. However, fish, traffic, and game violations are heard in the municipal or magistrate courts, while significant criminal charges get a transferred over to the Circuit Court.

Probate Courts in South Carolina

The probate court has a jurisdiction covering the estates of the deceased, marriage licenses, the conservatorships covering minors or incompetent, minor settlements, valued at $25,000 or less, or the guardianship of incompetents, as well as any involuntary commitments sending individuals to institutions due to mental illness or chemical dependency.

The South Carolina family courts have exclusive jurisdiction over trusts and concurrent jurisdictions with the circuit courts in the state over powers of attorney.

Magistrate Courts in South Carolina

Magistrate courts have jurisdiction over criminal trials when the offenses are punishable by a fine, designed by the statute, but usually, no greater than $500, or imprisonment not more than 30 days. These courts also set bail, conduct issue search and arrest warrants and hold preliminary hearings. The civil jurisdiction of the magistrate courts covers cases where the amount disputed is not more than $7,500 in total.

Municipal Courts in South Carolina

Municipal Courts in South Carolina maintain jurisdiction over matters arising under the ordinances decreed by the municipality, or offenses punishable by a fine of no more than $500, imprisonment of no more than 30 days, and that occur in the municipality. Section 22-3-545 of the South Carolina Annotated Code authorizes municipal courts to hear cases moved from the general sessions, only if the fine for the crime doesn't exceed 12 months imprisonment, an amount of $5,000 fined, or both, after a petition by the involved solicitor and the agreement of the defendant.

Master-in-Equity Courts

The South Carolina master-in-equity courts are established by statutes to be created by counties with a population of at least 130,000. This court is a division of the circuit court. Masters-in-Equity have the authority of the Circuit Court, without a jury, to manage all proceedings in hearings assigned to them. They may regulate the process, make necessary rulings, and take measures to ensure efficient case management. This includes:

• Deciding motions
• Requiring the production of evidence
• Determining the admissibility of evidence
• Calling and examining witnesses under oath

Additionally, Masters-in-Equity may oversee property sales under specific circumstances

What are the Specialty Courts in South Carolina?

South Carolina has a variety of specialty courts designed to address specific legal and social issues, offering alternatives to traditional court processes. The establishment of specialty courts within the South Carolina court system helps reduce recidivism by addressing the root causes of criminal behavior, saves judicial resources by focusing on rehabilitation rather than incarceration, and provides tailored solutions for individuals with specific needs.

Examples of South Carolina's specialty courts include:

• Drug courts
• Mental health courts
• Veterans treatment courts
• Family courts
• Business court program
• Homeless court
• DUI courts

South Carolina State Court Records vs. Federal Court Records

Besides the state courts in South Carolina, there is also a federal court in the state, called the United States District Court for the District of South Carolina. The records filed and generated by this court are referred to as federal court records in South Carolina. On the other hand, any records filed or generated by the trial courts or appellate courts in the state are considered state court records. Hence the main difference between state and federal court records lies in the source of the records.

State court records are maintained by the clerk of the courts where the records were created. They can also be found online from a state portal in the form of case information. Conversely, federal court records are not available via the sources through which state records may be found. They are accessible via the Public Access to Court Electronic Records (PACER).

What Are Public and Non-Public Court Records in South Carolina?

The South Carolina Freedom of Information Act makes the records of governmental bodies and agencies, including judicial records, available to the public. Hence, South Carolina state court records are available for inspection and copying by members of the public.

However, state law also permits the custodian of government records to limit accessibility to certain records for investigative or confidentiality purposes. Therefore, portions of or whole records may sometimes be inaccessible to the public.

The table below shows common public and redacted court records in South Carolina:

How To Seal or Expunge South Carolina Court Records

Although some states separate record sealing from record expungement, there is no such separation in South Carolina. The term "sealing" is used interchangeably with "expungement". Expungement in South Carolina is a court order placing a record under seal to prevent public access to the record. Upon sealing, a record may only be used for law enforcement purposes or disclosed only by a court order. By having a record expunged, the subject of the record may find it easier to find a job or secure housing.

Not all records may be expunged in South Carolina. For instance, court records for the following convictions are ineligible for expungement:

• Fish and wildlife convictions
• Traffic convictions (except for a first offense failure to stop for a blue light)
• Convictions for felonies and heinous crimes

Records or offenses that may be expunged must fall into one or more different categories below:

• Not prosecuted or dismissed charges: Any nol prossed, dismissed, or not-guilty verdicts.
• Program Completion Dismissals: Any charges removed once a specific program is finalized. Programs like:
  • Alcohol Education Program (AEP)
  • Pretrial Intervention (PTI).
  • Traffic Education Program (TEP)
• First-Offenses of a Fraudulent Check Conviction: When it's the first-offense for any misdemeanor that involves creating a fraudulent check as long as additional convictions aren't incurred within one year of the conviction date.
• First-Offense for any Drug Possession Charges: The initial offense for most charges of drug possession as long as they are finalized by way of a conditional discharge given by the court. This is only the case if the defendant complies with the terms.
• Misdemeanor Convictions with Select Criteria: A first-time offense of any misdemeanor that has no more than a 30-day penalty in jail or that comes with up to a $1,000 fine.
  • Additional Criteria for this category:
  • No further convictions in three years of the conviction.
  • For criminal domestic violence (first offense), no additional convictions within a period of five years after the conviction.
• Youthful Offender Act (YOA) Convictions: Any non-violent offenses that fit the conditions of the YOA for individuals under 25 years old. Eligibility Conditions:
  • No additional convictions in five years of finalizing a YOA sentence, this includes probation as well as parole.
• The first offense failing to stop for a Blue Light: The initial offense of not stopping for a blue light qualifies when no other convictions have occurred in three years since that conviction.
• Juvenile Offenses: Eligible if:
  • The offender is at least 18 years old.
  • The full juvenile sentence is complete, and no subsequent charges exist.
  • The offense was a non-violent or status offense.
  • The juvenile has no prior adjudications for offenses that would hold a maximum sentence requiring five or more years if carried out by one adult.

How to Expunge Court Records in South Carolina

You may apply for an expungement within South Carolina in the following ways:

• Obtain a copy of your criminal record from the South Carolina Law Enforcement Division (SLED): First, apply to the SLED to obtain your criminal record. The information on your report will help you determine what records may be expunged and complete the relevant forms.
• Obtain the expungement application from the solicitor's office: To get a charge or conviction expunged you must apply in the county where the charge or conviction was put on your record. Each county is part of a circuit, and each circuit has a solicitor. Once you find which solicitor has jurisdiction in the county where your charges originated, contact them to get a copy of their application for expungement. You may be able to print the application from their webpage, get the application by fax, or visit their office in person to get a copy.
• Ask the solicitor's office what records are required: When contacting the solicitor's office, ask to talk to the staff who handles expungement matters about questions you have, including what records or documents you will need to complete your application and how to get them.
• Get the records and fill out the application: Follow the instructions the solicitor's office gives you for getting any records you need. Once you have the records, fill out the application you obtained from the solicitor's office.
• Get the required money orders: The money orders you need depend on the type of expungement. No cash or personal checks are accepted. The appropriate fees range between $285 and $310. However, no fees are charged for the expungement of non-conviction records.
• Submit the application and money orders to the solicitor's office: Once you have completed the application and have the money orders you need, submit them to the solicitor's office. The solicitor's office will then review your application and determine if you are eligible. If you are, they will send your application to a judge. If the judge signs the order, you will get a copy of it in the mail. Since your application must be reviewed by several persons, it may take a few weeks or a few months for you to find out the result.

How Do You Access State of South Carolina Court Records?

The South Carolina judiciary provides multiple means for requesters to access state court records. These means are discussed below.

Online Access to South Carolina Court Records

Online access to South Carolina court records is available via the following portals:

• Case Records Search system: The Case Records Search provides access to view case records of trial courts in each South Carolina county. There are separate links to each South Carolina county, allowing users to find case records at the county level.
• FCCMS Public Access portal: The FCCMS Public Access portal may be used to access case information for cases heard in the South Carolina family courts.
• C-Track Public Access portal: The C-Track system is a public access site for the state appellate court case management system. Case information for cases filed with the South Carolina Court of Appeals and the state supreme courts may be viewed using this portal

In-Person Access to State of South Carolina Court Records

You can access South Carolina court records in person by first identifying the court where the record you want is housed. Typically, this is the court where the case was heard. After, gather the necessary information that may be used to find the record you want. This includes the case number or the names of the parties involved in the case.

Next, visit the office of the clerk of the court where the record is located to submit a court record request. Note that fees may apply for obtaining copies or certified copies of the record requested. Also, a government-issued identification may be requested by the office of the clerk of the court.

How To Request Judicial Administrative Records

Judicial administrative record requests may be made to the clerk of the court where the record is located or to the Office of Public Information in the Office of the State Court Administrator. The Office of Public Information is located at:

How To Access Older and Archived Court Records in South Carolina

The clerks of South Carolina courts often maintain court records for several years after case information for such records are no longer available online via the case search system. Hence, if you want to access archived court records, schedule a visit to the clerk of the court where the case was heard. Alternatively, you may contact the South Carolina Department of Archives and History to search their records.