Last Updated on March 21, 2026 by Editorial Staff
South Carolina public records are government-created documents, recordings, and data maintained by public bodies that are accessible under the South Carolina Freedom of Information Act (FOIA), codified at S.C. Code Ann. §§ 30-4-10 through 30-4-55. The Act declares that “it is vital in a democratic society that public business be performed in an open and public manner so that citizens shall be advised of the performance of public officials and of the decisions that are reached in public activity and in the formulation of public policy” — and instructs that its provisions “must be construed so as to make it possible for citizens, or their representatives, to learn and report fully the activities of their public officials at a minimum cost or delay.” South Carolina FOIA covers records and meetings of all public bodies — state agencies, counties, municipalities, school districts, and any entity supported by public funds.
Residents frequently perform a South Carolina public records search — sometimes called a South Carolina FOIA request or South Carolina Sunshine Law request — to locate court filings, property records, criminal history, business registrations, vital records, inmate information, and other government documents. South Carolina has 46 counties. The state’s FOIA framework has two operationally distinctive features: a two-tier response timeline based on record age (under 24 months vs. over 24 months) and a unique statutory prohibition on using certain public records for commercial solicitation — backed by criminal penalties.
Quick Answer: Where to Search South Carolina Public Records
- SC Courts Public Index (sccourts.org/case-records-search) — free statewide court case search for circuit, family, magistrate, and some municipal courts; covers cases filed since approximately May 1, 2012
- SC Appellate Court Public Index (sccourts.org/c-track-public-access) — free access to Supreme Court and Court of Appeals cases and documents
- SLED CATCH (catch.sled.sc.gov) — South Carolina Law Enforcement Division Citizens Access To Criminal Histories; name-based criminal background check; $25 online ($26 with convenience fee) or by mail
- SC Sex Offender Registry (sled.sc.gov) — free statewide sex offender search
- SCDC Inmate Search (doc.sc.gov) — Department of Corrections inmate search; free
- South Carolina Secretary of State Business Filings (sos.sc.gov) — corporations, LLCs, and business registrations; free
- County Register of Deeds portals — deeds, mortgages, and recorded property instruments by county; many offer free online access
- SC Department of Public Health Vital Records (dph.sc.gov/vital-records) — birth (1915+), death, marriage (July 1950+), and divorce reports (July 1962+); $12/copy standard; $17 expedited; available at regional offices statewide
⚠️ Legal Notice
South Carolina’s public records law is governed by the Freedom of Information Act, S.C. Code Ann. §§ 30-4-10 through 30-4-55. Key exemptions include: information exempt by other statute or law; attorney-client privileged communications; personnel matters and employee evaluations; pending law enforcement investigations; contract negotiations prior to completion; industrial development offers until publicly announced; records whose disclosure would endanger life or safety; and body-worn camera data (S.C. Code § 23-1-240(G)(1) — explicitly not a public record subject to FOIA). Dashboard/vehicle camera data from officer-involved incidents resulting in death, injury, or use of deadly force is public information. The SC FOIA also includes an important commercial use prohibition: S.C. Code § 30-2-50 prohibits using records obtained from a public body for commercial solicitation directed at South Carolina residents — a criminal misdemeanor punishable by up to $500 fine or one year imprisonment.
This guide explains lawful public records research methods and does not constitute legal advice.
Why This Guide Is Reliable
This guide is written by the research team at inet-investigation.com and based directly on S.C. Code §§ 30-4-10–55, the Reporters Committee for Freedom of the Press Open Government Guide for South Carolina (updated October 2025), the South Carolina Press Association’s Citizen’s Guide to the FOIA, official agency websites including the SC Judicial Branch, SLED, SCDC, Secretary of State, and Department of Public Health. We cite specific statutory provisions so readers can verify our statements independently. We update our guides when laws or agency procedures change. We do not accept payment from agencies, databases, or third-party vendors to shape our content.
Why South Carolina FOIA Is Distinctive
South Carolina’s FOIA has a two-tier response timeline based on record age — 10 business days for records under 24 months old, 20 business days for records over 24 months old — with separate production deadlines for each tier. Under S.C. Code § 30-4-30(A), for records less than 24 months old: the public body must notify the requester of availability and cost within 10 business days; actual production must occur within 30 calendar days of that notification (or 30 days from receipt of any required deposit). For records over 24 months old: the initial notification deadline extends to 20 business days; actual production must occur within 35 days of notification. This age-tiered structure is relatively unusual — most states use a single deadline regardless of record age. The Act also provides that if a public body fails to notify the requester within the applicable time period, the request is “considered approved as to nonexempt records” (a deemed-approval mechanism for non-exempt records), though exemptions are not waived by failure to respond.
South Carolina uniquely prohibits using public records obtained under FOIA for commercial solicitation — backed by criminal penalties — one of the few states with an express commercial use prohibition in its public records law. S.C. Code § 30-2-50 (the Family Privacy Protection Act) makes it a criminal misdemeanor (up to $500 fine or one year imprisonment) to knowingly obtain or use personal information from a public body for commercial solicitation directed at South Carolina residents. This prohibition is printed or displayed prominently by many SC agencies on their FOIA response materials. Police reports, information about disabled individuals, and employee information are specifically identified as records that may not be used for commercial solicitation. This commercial use prohibition distinguishes South Carolina from most states, where the purpose of a records request is irrelevant.
South Carolina was the first state to require body-worn cameras by law enforcement (2015), yet body-worn camera data is explicitly excluded from FOIA — it is not a public record subject to FOIA disclosure. S.C. Code § 23-1-240(G)(1) expressly declares that “data recorded by a body-worn camera is not a public record subject to disclosure under the Freedom of Information Act.” This creates a notable contrast: South Carolina led the nation in mandating body-worn cameras, but simultaneously shielded that footage from public records requests. To obtain body-worn camera footage, a person must use formal court processes — the South Carolina Rules of Criminal Procedure, Rules of Civil Procedure, or a court order. A 2024 AG opinion confirmed that body-worn camera records remain outside FOIA even when transferred to another agency for misconduct review. Dashboard/vehicle camera data from officer-involved incidents involving death, injury, property damage, or deadly force use is treated differently — it is public information under the 2017 FOIA amendments.
South Carolina’s FOIA enforcement mechanism is notably accelerated — the circuit court must schedule an initial hearing within 10 days of filing, with a target to conclude actions within 6 months. Under S.C. Code § 30-4-100(A), when a FOIA lawsuit is filed, the chief administrative judge must schedule an initial hearing within ten days of service on all parties. The court is directed to establish a scheduling order to conclude the action within six months of filing (extendable for good cause, but not beyond one year of initial filing). FOIA violations are considered “irreparable injuries” for which no adequate remedy at law exists — meaning courts should readily grant injunctive relief. Attorney’s fees and costs are available to prevailing requesters if fully documented and itemized (a 2024 Court of Appeals decision emphasized that fee awards require detailed time records, not lump-sum submissions).
South Carolina’s public index provides free online access to circuit court, family court, magistrate, and some municipal court cases — but covers only cases filed since approximately May 1, 2012. The SC Courts Public Index at sccourts.org provides genuinely useful free public access to court cases across all 46 counties, searchable by party name, county, and case number. However, it has a significant date limitation: case information is generally only available for cases pending or filed on or after May 1, 2012. Older cases require in-person access at the clerk’s court in the relevant county. The Appellate Court Public Index (for Supreme Court and Court of Appeals) is separate and covers a broader historical range.
South Carolina’s salary disclosure rules are unusually specific — exact salaries of public employees making $50,000 or more must be released, while salaries below $50,000 must be released in $4,000 ranges. Under the FOIA, exact salary amounts for public employees earning $50,000 or more are public information that must be disclosed. For lower-earning employees, salaries are released in $4,000 bands — not exact figures. This tiered disclosure approach is more specific and prescriptive than most states, which either require full salary disclosure (Florida, Texas) or provide general personnel file exemptions (Tennessee, Michigan). The $50,000 threshold has not been adjusted for inflation since it was established, making an increasingly large share of public employees subject to exact salary disclosure.
The Legal Framework
| Element | Detail |
|---|---|
| Governing Law | S.C. Code Ann. §§ 30-4-10 through 30-4-55 (South Carolina Freedom of Information Act) |
| Who May Request | Any person — no residency requirement, no stated-purpose requirement (purpose relevant only to commercial use prohibition) |
| Commercial Use Prohibition | S.C. Code § 30-2-50: using personal information from public records for commercial solicitation is a criminal misdemeanor (up to $500 fine / 1 year imprisonment) |
| Records Less Than 24 Months Old | Notification of availability + cost: within 10 business days; production: within 30 calendar days of notification (or 30 days from deposit receipt) |
| Records More Than 24 Months Old | Notification: within 20 business days; production: within 35 days of notification |
| Deemed Approval | Failure to notify within deadlines → request “considered approved” as to nonexempt records; exemptions not waived |
| Extensions | By written mutual agreement only; agreement shall not be unreasonably withheld |
| Fees | Actual cost of search, retrieval, redaction; prorated hourly salary of lowest-paid competent employee; copy fees not to exceed prevailing commercial rate; no fee for electronic format copies; fee schedule must be posted online; no fee for reviewing records to determine if exempt |
| Salary Disclosure | Exact salary required for employees earning ≥$50,000; salary in $4,000 ranges for employees earning <$50,000 |
| Body-Worn Cameras | Not a public record under FOIA (§ 23-1-240(G)(1)); access only through court process (Rules of Criminal/Civil Procedure or court order) |
| Dashboard Cameras | Officer-involved incident data (death, injury, property damage, deadly force) = public information under 2017 amendments; agency may seek court order to prevent disclosure |
| Enforcement | Circuit court (§ 30-4-100); initial hearing within 10 days of filing; 6-month target conclusion (max 1 year); attorney’s fees to prevailing requester (must be itemized) |
| Lawsuit Filing Deadline | No later than 1 year after alleged violation (or 1 year after public vote in public session) |
| Counties | 46 |
| Federal Districts | 2 (District of South Carolina — 11 divisions including Columbia, Charleston, Greenville, Florence, Beaufort, Aiken, Anderson, Conway, Greenwood, Rock Hill, and Spartanburg) |
South Carolina Court Records
South Carolina has a multi-tier court system. At the trial level: Circuit Courts (general jurisdiction; Court of Common Pleas for civil matters; Court of General Sessions for criminal felonies and misdemeanors; 16 judicial circuits covering all 46 counties), Family Courts (domestic relations and juvenile cases; one per county), Magistrate/Summary Courts (limited civil jurisdiction up to $7,500; misdemeanors), Municipal Courts (city ordinances and some misdemeanors), and Probate Courts (estates, guardianships, mental health commitments — one per county). The Court of Appeals (intermediate appellate) and the South Carolina Supreme Court (five justices; highest appellate) complete the system.
SC Courts Public Index — Free, Cases from May 2012
The South Carolina Judicial Branch provides free public case access through the SC Courts Public Index at sccourts.org/case-records-search. The portal covers circuit courts, family courts, and magistrate courts across all 46 counties, searchable by party name, county, and case number. The system is free and requires no registration. Important limitation: general coverage begins for cases filed on or after approximately May 1, 2012. For older cases, contact the clerk of court in the relevant county directly. Some municipal court records are also available in the Public Index — a list of participating municipal courts is published on the SC Judicial Branch website.
SC Appellate Court Public Index — Free
The SC Appellate Court Public Index at sccourts.org/c-track-public-access provides free access to South Carolina Supreme Court and Court of Appeals cases and associated documents. Users can view events, basic case information, and most associated filings. Cases that are non-public, sealed, or confidential are not available online but may be accessible at the courthouse.
Federal Court Records
South Carolina has one federal judicial district — the District of South Carolina — with eleven divisions: Columbia, Charleston, Greenville, Florence, Beaufort, Aiken, Anderson, Conway, Greenwood, Rock Hill, and Spartanburg. Federal case records are available through PACER (pacer.gov) at $0.10 per page after the quarterly free threshold.
Expungement in South Carolina
South Carolina allows expungement of qualifying criminal records under S.C. Code § 17-22-910. Eligible records include first-offense convictions for certain misdemeanors after required waiting periods, dismissed charges, charges where the defendant was not convicted, and certain drug offenses after program completion. The expungement process requires a $250 administrative fee to the Circuit Solicitor’s office, a $25 SLED verification fee, and a $35 clerk filing fee. Unlike some states, South Carolina does not seal expunged records — it destroys them, removing them from all databases.
South Carolina Criminal Records
SLED CATCH — $25 Name-Based Criminal History
The South Carolina Law Enforcement Division (SLED) maintains the state’s criminal history repository. The public may access name-based criminal background checks through SLED CATCH (Citizens Access To Criminal Histories) at catch.sled.sc.gov. The fee is $25 (plus a $1 convenience fee for online searches). Searches require a “starts with” match on last name, first name, and date of birth; Social Security numbers may also be searched. Mail requests are accepted ($25, no convenience fee; send to SLED Records Department, PO Box 21398, Columbia, SC 29221-1398). Results are available immediately for online searches.
Important limitations: SLED CATCH is name-based — if names or dates differ from database records (due to aliases, data entry errors, etc.), results may be inaccurate. Fingerprint-based checks are more reliable but are only conducted by SLED when required by statute. SLED CATCH does not include sex offender registry information. SLED CATCH covers South Carolina criminal records only — not other states, federal convictions, or FBI records.
South Carolina Sex Offender Registry
The South Carolina Sex Offender Registry, maintained by SLED, is publicly searchable at sled.sc.gov. The registry is free and searchable by name, address, county, and zip code. South Carolina’s sex offender laws require lifetime registration for certain offenders. Registry entries include photographs, current addresses, and offense information.
South Carolina Property Records
South Carolina property records are maintained at the county level through two offices: the County Register of Deeds (recorded land instruments — deeds, mortgages, liens) and the County Assessor (property ownership, assessed value, and tax records). South Carolina has 46 counties. Many County Register of Deeds offices provide free online searching — particularly Greenville, Richland, Charleston, Spartanburg, Lexington, and Horry Counties. Some smaller counties still require in-person access.
County Register of Deeds — Land Instruments
The County Register of Deeds records and indexes deeds, mortgages, deeds of trust, liens, easements, and other property instruments. When property is transferred in South Carolina, the deed is recorded with the Register of Deeds in the county where the property is located. Recording fees start at approximately $9.50 for the first page; additional pages are charged per the county’s schedule. South Carolina imposes a deed recording fee (transfer tax) calculated on the sale price — making sale prices generally determinable from recorded deed instruments. Note: In South Carolina, the Register of Deeds and the Clerk of Court are separate offices — the Clerk of Court handles court records, while the Register of Deeds handles land instruments.
County Assessor — Ownership and Valuation
The County Assessor maintains property ownership and assessed value records. South Carolina has a complex property tax assessment system with different assessment ratios for different property classes (owner-occupied residential at 4%; other real property at 6%; commercial at 6%; agricultural at 4%). Most South Carolina county assessor offices provide free online searching by owner name, address, or parcel number through county GIS and tax portals.
South Carolina Business Records
The South Carolina Secretary of State’s Business Filings Division at sos.sc.gov maintains business entity records. The free online search covers corporations, limited liability companies (LLCs), limited liability partnerships, and other registered entities. Entity status, registered agent, principal address, and filing history are publicly accessible. UCC financing statement filings are also maintained by the Secretary of State and publicly searchable. South Carolina requires annual report filings for most entities; entities that fail to file may be administratively dissolved, which is visible in the public search.
South Carolina Vital Records
The South Carolina Department of Public Health (SC DPH), Office of Vital Records maintains statewide vital records. Birth certificates are available from January 1915 to present. Death certificates cover deaths from 1915. Marriage certificates are available from July 1950 (earlier marriages must be obtained from the County Probate Judge where the license was issued). Reports of Divorce are available from July 1962 (the actual divorce decree must be obtained from the County Clerk of Court where the divorce was granted — SC DPH maintains only statistical divorce reports, not decrees).
Fees
- Birth, death, marriage, and divorce reports: $12 per record searched (standard; includes one certified copy if found; 4-week processing by mail)
- Expedited processing: $17 per record (5 business days or less processing)
- Additional copies of same record: $3 each when ordered at the same time
- Search fee is non-refundable even if the record cannot be located
How to Order
Records may be ordered in person at any of the SC DPH Vital Records regional offices statewide (same-day service is a goal; most requests processed while you wait), by mail to: SC DPH Vital Records, P.O. Box 2046, West Columbia, SC 29171 (standard 4-week processing), or online/by phone through VitalChek (additional fees apply; online processing typically 5–7 business days). SC DPH has regional Vital Records offices across the state — any office can issue certificates for events that occurred anywhere in South Carolina. Find your nearest office at dph.sc.gov/vital-records.
Who Can Obtain Certified Copies
Access to South Carolina vital records is restricted to persons with a qualifying relationship: the registrant (if 18 or older), parents named on the record, legal guardians, and legal representatives. Immediate family members may obtain records if the registrant is deceased (a certified copy of the registrant’s death certificate must accompany the request). Photo ID is required for all requests. Newborn birth certificates are not automatically mailed to parents — parents must request them separately.
Historical Records
The South Carolina Department of Archives and History (SCDAH) at scdah.sc.gov holds older county records, genealogical collections, and historical materials. Pre-1915 vital records are not centrally maintained — search at the county level, in church records, and through FamilySearch and Ancestry.com, which hold significant South Carolina genealogical collections.
South Carolina Inmate and Corrections Records
The South Carolina Department of Corrections (SCDC) provides a free public inmate search at doc.sc.gov. The search covers individuals currently incarcerated in South Carolina state correctional facilities and persons on supervision or parole. Results include offense information, sentence details, facility location, and projected release date. County jail records are maintained by individual county sheriff’s offices — most South Carolina county sheriffs provide online jail roster and inmate lookup tools.
Professional License Records
South Carolina professional licensing is administered through the South Carolina Labor, Licensing and Regulation (LLR) agency at llr.sc.gov. LLR oversees dozens of professions — contractors, real estate agents, cosmetologists, engineers, and many others. The free online license lookup at llr.sc.gov/verify is searchable by name, license number, or profession type and includes current license status and public disciplinary history. Healthcare professionals are licensed through individual boards within LLR’s structure — the South Carolina Board of Medical Examiners, Board of Nursing, and others. The South Carolina Bar (scbar.org) maintains the official attorney roster with disciplinary history.
Charity and Nonprofit Records
Charitable organizations soliciting contributions in South Carolina must register with the South Carolina Secretary of State’s Public Charities Division at sos.sc.gov. The Public Charities online database is searchable and includes registration status, annual filings, and financial information. South Carolina requires registration for most organizations raising more than $5,000 annually from South Carolina donors.
For federal tax-exempt organizations, the IRS Tax Exempt Organization Search (apps.irs.gov/app/eos) provides free Form 990 access. ProPublica’s Nonprofit Explorer (projects.propublica.org/nonprofits) also provides searchable 990 data for South Carolina nonprofits.
How to Submit a South Carolina FOIA Request
Any person — regardless of residency or stated purpose — may submit a FOIA request to any South Carolina public body. Requests must be in writing. No specific form is required; simply describe the records wanted and cite “South Carolina Freedom of Information Act, S.C. Code Ann. § 30-4-10 et seq.” Requests may be submitted by mail, email, fax, or online portal where available. Note the commercial use prohibition: do not use records obtained for commercial solicitation directed at South Carolina residents.
Step 1 — Identify the Correct Public Body and Check for a Posted Fee Schedule
All SC public bodies are required to develop and post online a fee schedule for FOIA requests. Check the agency’s website before submitting — knowing the fee schedule in advance allows you to anticipate costs and dispute unreasonable fees. Many agencies use online FOIA portals (some use NextRequest; others have agency-specific forms). Submit to the designated FOIA coordinator or records custodian.
Step 2 — Submit a Written Request
Describe records with reasonable specificity. The Act does not require a purpose statement. Include your contact information (mailing address or email) for the notification response. Note the date of submission — the response clock starts on receipt. Keep a copy of your submission and any delivery confirmation.
Step 3 — Track the Age-Tiered Response Deadlines
For records less than 24 months old: notification within 10 business days; production within 30 calendar days of notification. For records over 24 months old: notification within 20 business days; production within 35 days of notification. If a deposit is required, production deadlines run from receipt of deposit. Extensions require written mutual agreement — the agency cannot unilaterally extend. If the agency fails to notify you within the deadline, the request is deemed approved for non-exempt records.
Step 4 — Review and Pay Fee Estimates
Production fees are based on actual cost at the lowest-paid competent employee’s hourly rate; copy fees may not exceed prevailing commercial rates; no fees for electronic format copies; no fees for reviewing records to determine if exempt. Full payment is due at time of production. Request the agency’s posted fee schedule if not previously reviewed. Unreasonable fees are themselves a ground for a FOIA lawsuit.
Step 5 — File Suit in Circuit Court (Within One Year)
If records are improperly denied, production is delayed beyond deadlines, or fees are unreasonable:
- File a complaint for declaratory judgment and/or injunctive relief in circuit court (§ 30-4-100).
- Must be filed within one year of the alleged violation.
- The court must schedule an initial hearing within 10 days of service on all parties.
- Target conclusion: 6 months from filing (max 1 year).
- FOIA violations are treated as irreparable injuries — injunctive relief is broadly available.
- If you substantially prevail, the court may award attorney’s fees — but they must be documented and itemized (lump-sum awards will be rejected on appeal).
- Contact the South Carolina Press Association (scpress.org) or the South Carolina Attorney General’s Office (scag.gov) for guidance before filing.
Free Government Databases for South Carolina Public Records
| Database | Record Type | URL | Cost |
|---|---|---|---|
| SC Courts Public Index | Statewide circuit, family, and magistrate court cases (cases since ~May 2012) | sccourts.org/case-records-search | Free |
| SC Appellate Court Public Index | Supreme Court and Court of Appeals cases and documents | sccourts.org/c-track-public-access | Free |
| SLED CATCH | South Carolina name-based criminal history records | catch.sled.sc.gov | $25 ($26 online) |
| SC Sex Offender Registry | Registered sex offenders statewide | sled.sc.gov | Free |
| SCDC Inmate Search | State prison inmates and supervision | doc.sc.gov | Free |
| SC Secretary of State Business Search | Corporations, LLCs, partnerships, UCC filings | sos.sc.gov | Free |
| SC Secretary of State Public Charities | Registered charitable organizations | sos.sc.gov | Free |
| SC DPH Vital Records | Birth (1915+), death, marriage (July 1950+), divorce reports (July 1962+) | dph.sc.gov/vital-records | $12 standard; $17 expedited |
| SC Dept. of Archives and History | Historical records; genealogy; pre-1915 records | scdah.sc.gov | Free search; fees for copies |
| SC LLR License Verification | Professional licenses and discipline | llr.sc.gov/verify | Free |
| South Carolina Bar | Attorney licenses and discipline | scbar.org | Free |
| PACER | Federal court records (District of South Carolina) | pacer.gov | $0.10/page |
| IRS Tax Exempt Organization Search | Federal nonprofit 990 returns and status | apps.irs.gov/app/eos | Free |
Common Mistakes When Researching South Carolina Public Records
Not knowing about South Carolina’s commercial use prohibition before using records. South Carolina’s Family Privacy Protection Act (§ 30-2-50) makes it a criminal misdemeanor to use personal information obtained from a public body for commercial solicitation directed at South Carolina residents. Before using records commercially — for marketing, prospecting, or solicitation — ensure compliance with this prohibition. Police reports, disabled individuals’ information, and employee records are specifically flagged. This prohibition is printed on many agency FOIA response materials as a formal notice.
Requesting body-worn camera footage through FOIA. Unlike most states where body-worn camera footage is covered (with varying exemptions) by public records law, South Carolina law explicitly declares that body-worn camera data is not a public record subject to FOIA. A FOIA request for body-worn camera footage will be lawfully denied. To obtain footage, a requester must use formal legal proceedings — a subpoena in civil litigation, a Rule 5 discovery request in criminal proceedings, or a court order. This is the correct channel and the only channel under current South Carolina law.
Expecting to find pre-2012 cases in the SC Courts Public Index. The SC Courts Public Index covers cases filed on or after approximately May 1, 2012. Researchers looking for older circuit court, family court, or magistrate cases will not find them in the online portal. For pre-2012 cases, contact the clerk of court in the relevant county directly — phone, mail, or in-person visit. Many county clerks can search older case records on request; fees may apply for certified copies.
Confusing the Register of Deeds with the Clerk of Court. South Carolina’s property recording system is distinct from its court system. The County Register of Deeds holds recorded land instruments (deeds, mortgages, liens), while the County Clerk of Court holds court records (civil cases, criminal records, family court records). Researchers looking for deeds and mortgages must go to the Register of Deeds; court records go to the Clerk of Court. Sending a request to the wrong office adds delays. Some smaller counties share staff between these offices but they remain functionally distinct record sets.
Submitting a lump-sum attorney fee request after prevailing in a FOIA lawsuit. A 2024 South Carolina Court of Appeals decision made clear that attorney’s fee awards in FOIA cases must be based on detailed, itemized records of specific activities and time spent — not lump-sum requests. If you prevail in a FOIA lawsuit and intend to seek attorney’s fees, maintain meticulous contemporaneous time records from the start of the engagement. Lump-sum or inadequately documented fee requests will be rejected and remanded, extending the litigation.
Frequently Asked Questions
Are South Carolina public records open to anyone?
Yes — South Carolina’s FOIA imposes no residency requirement and no stated-purpose requirement. Any person may request public records. The commercial use prohibition (§ 30-2-50) restricts the use of certain records for commercial solicitation but does not limit who can initially request them. Body-worn camera data is explicitly outside FOIA and not accessible through records requests.
Does South Carolina have a FOIA law?
Yes — South Carolina formally calls its open records law the Freedom of Information Act, codified at S.C. Code Ann. §§ 30-4-10–55. It is also informally called the Sunshine Law. It covers both public records and open public meetings. Enforcement is through circuit court — there is no administrative enforcement body. The SC Attorney General’s office publishes guidance and advisory opinions but has no enforcement authority over individual FOIA disputes.
Are South Carolina criminal records public?
Name-based criminal history records are available through SLED CATCH ($25/$26). Court case records are free through the SC Courts Public Index (cases since ~2012) or in person at county clerk offices. The Sex Offender Registry (sled.sc.gov) is free. Expunged records are destroyed and not accessible. Juvenile records are generally confidential.
Where are South Carolina property records searched?
The County Register of Deeds (land instruments — deeds, mortgages, liens) and the County Assessor (ownership and valuation) are the two property records offices in each of South Carolina’s 46 counties. There is no statewide consolidated portal. Many larger county portals (Greenville, Richland, Charleston, Spartanburg, Lexington) provide free online access. Note that the Probate Court holds marriage records pre-July 1950 and probate/estate records — it is not the property records office.
Are South Carolina arrest records public?
Arrest records that resulted in criminal charges are generally accessible through SLED CATCH and the SC Courts Public Index. Active law enforcement investigation files are exempt from FOIA. Expunged records are destroyed. Juvenile records are confidential.
Can a South Carolina public agency charge fees for records?
Yes — fees based on actual cost at the lowest-paid competent employee’s hourly rate; copy fees capped at prevailing commercial rates; no fees for electronic format copies; no fees for reviewing records to determine exemption status. Full payment is due at time of production. Each public body must post its fee schedule online. Unreasonable fees are grounds for a FOIA lawsuit — and the one-year filing deadline applies to fee disputes as well as record denial disputes.
Final Thoughts
South Carolina’s FOIA is broadly accessible — no residency requirement, no purpose requirement, a deemed-approval mechanism for non-timely responses, expedited court enforcement with a 10-day hearing scheduling requirement, and attorney’s fee availability. The two-tier response timeline based on record age (10/20 business days for notification, 30/35 days for production) is operationally sensible for managing older archives. Key limitations: the commercial use prohibition creates important legal risk for researchers using records in business contexts; body-worn camera footage is entirely outside FOIA; and the Public Index only covers cases since ~2012.
The SC Courts Public Index is genuinely useful and free. SLED CATCH provides name-based criminal history for $25. Property records require county-by-county searching at the Register of Deeds (instruments) and County Assessor (valuation) across 46 counties. Vital records are available at regional offices statewide for $12 (standard) or $17 (expedited), with the important distinction that SC DPH holds marriage records only from July 1950 and divorce reports only from July 1962 — older records require the County Probate Judge or County Clerk of Court respectively.
Related Guides
- North Carolina Public Records: A Complete Research Guide
- Georgia Public Records: A Complete Research Guide
- Virginia Public Records: A Complete Research Guide
- Tennessee Public Records: A Complete Research Guide
- Florida Public Records: A Complete Research Guide
- How to Search Property Records Step by Step
- How FOIA Requests Work
- Best Government Databases for Background Research
Disclaimer
This guide is provided for informational and educational purposes only. It does not constitute legal advice. Public records laws and agency procedures change over time. Always verify current law and agency requirements directly with the relevant government office or a licensed South Carolina attorney before relying on this information for legal or official purposes.