South Carolina Public Records

South Carolina public records are official documents that pertain to the conduct of government agencies within state limits. The term “public records” encapsulates all electronic and physical materials in the custody of public officers who function as record custodians.

The statutes regulating the creation, maintenance, and accessibility of South Carolina public records are enshrined in the state’s Freedom of Information Act (FOIA). The FOIA promotes openness and accountability in the conduct of public and government institutions by offering citizenry insight into their operations.

Are South Carolina Records Public?

Yes. South Carolina government records are public according to the South Carolina Freedom of Information Act. This includes both records maintained by governmental and non-government public institutions are public.

The FOIA grants members of the public the right to inspect and copy any record maintained by public bodies in the state. This right does not extend to persons incarcerated in a state or federal correctional facility. However, certain records pertaining to sensitive matters are exempt from public access per Section 30-4-40 of the South Carolina FOIA. Additionally, certain state or federal laws may restrict a record from public view if the need to maintain confidentiality outweighs the public’s right to know.

Records are generally exempt from public access if they contain any of the following:

Confidential information whose disclosure would constitute an unreasonable invasion of personal privacy
Trade secrets
Records created by law enforcement agencies whose disclosure may interfere with an ongoing legal proceeding, deprive a person of their right to a fair hearing, disclose the identity or city/district where a confidential source is resident, expose the content of intercepted communication not otherwise disclosed during a trial, expose current procedures, techniques, and guidelines for law enforcement investigation and prosecution, or endanger the life or safety of any person.
Medical records
Identifying juvenile information
Sexual harassment investigation records.

South Carolina Public Records Act

The statutes regulating the statutory right of individuals to obtain public records in South Carolina are enshrined in the South Carolina Freedom of Information Act (FOIA). The Act defines public records as “all books, maps, photographs, cards, papers, tapes, recordings, or other documentary instruments generated, maintained, or used by a public institution in the state.” Common examples of public records are:

Property records
Crime statistics and reports
Inmate records
Court records and public case information
Marriage records
Divorce records
Licensing records
Articles of incorporation
Meeting minutes
Statistical records
Death records
Birth records.

How Do I Find Public Records in South Carolina?

Interested persons may find public records in South Carolina by querying the office where the record was created or is maintained. Requesters may also find these public records online on the website of the concerned agency or using third-party service providers.

Every record custodian has an established protocol that record requesters are required to follow. However, these protocols are often similar. To obtain records from any public agency in South Carolina, inquirers typically follow these steps:

**Step 1: Determine the appropriate record custodian for the type of record being sought: **There are different types of public records and corresponding custodial agencies with varying jurisdiction at state and municipal levels. Requesters must know the kind of record as this can help them narrow their search for a suitable custodian. For example, requests for vital records go to the Department of Health, while requests for court records go to administrative offices of the judiciary.
Step 2: Confirm the public availability of the record and the requirements applicable to its custodial agency: Certain exempt records may be unavailable to the public. If the reasons for seeking such records are valid enough, a requester should obtain a court order to back their request. Similarly, a document may not be readily available when a request is made, such as those about an ongoing litigation. If the record of interest is publicly available under the South Carolina FOIA, a requestor must follow the applicable guidelines for obtaining the record they seek. Most public agencies provide these guidelines on their official website.
Step 3: Obtain, fill out, and submit a public records request to the record custodian: Requests can be made online, by mail, or in person at the office of the appropriate record custodian. Many public agencies provide a PDF copy of their public record request form on their websites and allow interested parties to download, print, fill out, and submit it at their office either by mail or in person.
Step 4: Pay fees where applicable: Many record custodians require a fee payment from record requestors. These fees vary with the number of records a person intends to obtain and the cost of retrieving or duplicating them.

Find South Carolina Public Records Free

Residents of South Carolina may inspect public records for free when they visit the office location of the appropriate custodial public agency in person. Courts, for example, allow members of the public to inspect their non-exempt records for free during business hours, Monday through Friday, except on public holidays.

Alternatively, inquirers may visit an organization’s website or public access terminals to look up a public record. Whatever the case, a searcher must be able to provide identifying information about the record of interest, such as the names of parties in the record, a case number, a page number, or a file number.

Examples of South Carolina public agency portals that offer free record searches include:

The Real Property Official Records Search portal;
Arrest/inmate rosters maintained by various county sheriffs, such as the one provided by the Charleston County Sheriff;
The South Carolina Department of Corrections inmate locator for finding persons incarcerated in state correction centers.

What Happens if I Am Refused a Public Records Request?

In South Carolina, record custodians who deny public record requests typically provide a written explanation for the refusal as mandated by the FOIA. Record requests are typically denied when:

Information contained in the record qualifies it as confidential, exempting it from public access, according to section 30-4-40 of the South Carolina FOIA.
The request did not contain sufficient identifying information about the record.
The request was sent to the wrong agency.

If a requester deems the reason a request was denied erroneous or unjustifiable, they have the right to appeal to a court with competent jurisdiction. If a court finds the appeal to be frivolous, a requester may be required to cover the attorney costs of the record custodian. If the court finds the reason for a record denial unjustifiable, it may award court costs and attorney fees to the requestor.

How Long Does It Take to Obtain a South Carolina Public Record?

Per the South Carolina FOIA, public institutions are obliged to furnish a requester with public records within a reasonable timeframe. This is usually between 10 to 30 days after the request is made.

However, there is no fixed period during which a record custodian must provide a requester with public records sought. Delays may occur due to the unavailability of the record at the time of request or its exemption from public disclosure. If the exemption status of a particular record has to be determined, its custodian must notify the requestor 10 business days from the request date.