Your Comprehensive Guide to South Carolina Public Records
South Carolina Public Records
Public records in South Carolina provide citizens with access to government information, promoting transparency and accountability in public administration. These records document official activities, decisions, and transactions conducted by state and local government agencies. Under South Carolina law, most government records are presumed to be open and accessible to the public, with certain exceptions to protect privacy and security interests.
The South Carolina Freedom of Information Act (FOIA) establishes the framework for public access to government records. This comprehensive legislation outlines the procedures for requesting records, timeframes for agency responses, applicable fees, and the process for appealing denied requests.
Are South Carolina Records Public?
Yes, most records created, maintained, or received by South Carolina public bodies are considered public records and are generally accessible to citizens. The South Carolina Freedom of Information Act (S.C. Code Ann. § 30-4-10 et seq.) establishes the presumption that government records are open to public inspection unless specifically exempted by law.
Public bodies in South Carolina include:
- State government agencies, departments, and offices
- County and municipal governments
- School districts and public educational institutions
- Special purpose districts
- Public commissions, committees, and boards
While the law presumes openness, certain categories of records are exempt from disclosure to protect privacy, security, and other legitimate interests. These exemptions are specifically outlined in the FOIA statute and must be narrowly construed to favor public access.
What Information Is Included in South Carolina Public Records?
South Carolina public records encompass a wide range of documents and information created or maintained by government agencies. These include:
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Vital Records:
- Birth certificates
- Death certificates
- Marriage records
- Divorce records
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Property Records:
- Deeds and mortgages
- Property tax assessments
- Land surveys
- Zoning records
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Court Records:
- Civil case files
- Criminal case files
- Traffic violations
- Probate records
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Business Records:
- Business licenses
- Corporate filings
- Professional licenses
- Tax records
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Government Operations:
- Meeting minutes and agendas
- Budgets and financial reports
- Contracts and procurement documents
- Correspondence and memoranda
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Law Enforcement Records:
- Incident reports
- Arrest records
- Jail records
- Sex offender registry
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Personnel Records:
- Public employee names, titles, and salaries
- Employment dates
- Educational qualifications
What Does the South Carolina Public Records Law Do?
The South Carolina Freedom of Information Act (FOIA), codified at S.C. Code Ann. § 30-4-10 et seq., establishes the legal framework for public access to government records. The law serves several key functions:
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Establishes Right of Access: The law affirms that "every person has a right to inspect or copy any public record of a public body" with certain exceptions.
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Defines Public Records: The law broadly defines public records as "all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, data processing software, and other material prepared, owned, used, in the possession of, or retained by a public body."
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Sets Response Timeframes: Public bodies must respond to FOIA requests within 10 business days (20 business days for records more than 24 months old), indicating whether the request will be fulfilled.
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Establishes Fee Guidelines: The law permits agencies to charge reasonable fees for searching, retrieving, and copying records, but these fees must not exceed the actual cost of providing the records.
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Creates Enforcement Mechanisms: The law provides for judicial review of agency decisions to deny access to records and authorizes courts to award attorney's fees to prevailing requesters.
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Outlines Exemptions: The law specifies categories of records that may be withheld from disclosure, including certain personal information, law enforcement records, and attorney-client privileged communications.
The South Carolina FOIA was substantially amended in 2017 through H.3352, which strengthened public access provisions by tightening response deadlines and limiting fees that agencies can charge.
How To Find Public Records in South Carolina in 2025
Accessing public records in South Carolina typically involves the following steps:
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Identify the Custodian Agency: Determine which government agency maintains the records you seek. For example, vital records are held by the Department of Health and Environmental Control, while court records are maintained by the Judicial Branch.
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Submit a Written Request: While some records may be available online, many require a formal written request. Your request should:
- Be addressed to the agency's FOIA officer or records custodian
- Clearly describe the records sought
- Include your contact information
- Specify preferred format (paper or electronic)
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Follow Agency Procedures: Each agency may have specific procedures for requesting records. Check the agency's website or contact them directly for guidance.
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Pay Required Fees: Be prepared to pay reasonable fees for search, retrieval, and copying of records.
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Online Resources: Many South Carolina agencies now provide online access to certain public records through their websites. The South Carolina Public Records Search Portal serves as a central gateway to various records databases.
For in-person requests, visit the relevant agency during normal business hours. Many county and municipal offices maintain public terminals for searching records.
Does South Carolina Have Free Public Records?
South Carolina law permits agencies to charge reasonable fees for providing public records, but some records are available at no cost:
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Records Available Online: Many agencies provide free online access to certain public records through their websites. For example, the South Carolina Secretary of State offers free access to business filings and the South Carolina Judicial Branch provides free access to court case information through its Case Management System.
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Records Viewed in Person: If you inspect records in person without requesting copies, agencies typically do not charge a fee for viewing.
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Fee Waivers: Under S.C. Code Ann. § 30-4-30(B), agencies may waive or reduce fees when they determine that providing the records "can be considered as primarily benefiting the general public."
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Minimal Requests: Some agencies do not charge for small requests that require minimal staff time and resources.
However, most substantial records requests will incur some fees, particularly if they require significant search time or numerous copies.
How Much Does It Cost To Get Public Records in South Carolina?
The South Carolina FOIA allows agencies to charge "reasonable fees" for the search, retrieval, and copying of public records. The 2017 amendments to the law established more specific fee guidelines:
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Search and Retrieval: Agencies may charge a fee not to exceed the prorated hourly wage of the lowest-paid employee who has the necessary skills to fulfill the request. The first 15 minutes of staff time must be provided at no charge.
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Copying Fees: Agencies may charge for the actual cost of copying records, typically:
- $0.10 to $0.25 per page for standard black and white copies
- Higher rates for color copies or non-standard sizes
- Actual cost for electronic media (CDs, DVDs, flash drives)
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Deposit: For requests estimated to exceed $100, agencies may require a 25% deposit before processing.
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Fee Schedules: Agencies must publish their fee schedules. For example:
South Carolina Department of Health and Environmental Control (DHEC)
2600 Bull Street, Columbia, SC 29201
Phone: (803) 898-3432
SC DHEC
- Birth certificates: $12 per copy
- Death certificates: $12 for first copy, $3 for each additional copy
- Search fee: $15 per hour (first 15 minutes free)
How Long Does It Take to Obtain Public Records in South Carolina?
The South Carolina FOIA establishes specific timeframes for agency responses to public records requests:
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Initial Response: Agencies must respond to requests within 10 business days for records less than 24 months old, or within 20 business days for older records. This initial response must indicate whether the request will be fulfilled or denied.
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Production of Records: If the agency agrees to provide the records, they must be furnished within 30 calendar days from the date of the initial determination. For records more than 24 months old, the deadline is 35 calendar days.
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Extension: If the records cannot be provided within these timeframes, the agency must notify the requester in writing and provide a specific timeline for when the records will be available.
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Expedited Processing: The law does not provide for expedited processing, but some agencies may accommodate urgent requests at their discretion.
Actual response times can vary based on:
- The complexity and volume of the request
- The age and accessibility of the records
- The agency's current workload
- Whether the records contain information that requires review for exemptions
What Records Are Confidential In South Carolina?
The South Carolina FOIA exempts certain categories of records from mandatory disclosure. Key exemptions include:
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Personal Privacy: Information of a personal nature where disclosure would constitute an unreasonable invasion of privacy, including:
- Social Security numbers
- Home addresses and telephone numbers of public employees
- Medical information
- Personal financial data
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Law Enforcement Records: Records that would:
- Interfere with a prospective law enforcement proceeding
- Deprive a person of a right to a fair trial
- Constitute an unwarranted invasion of personal privacy
- Disclose confidential sources or techniques
- Endanger life or physical safety
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Security Information: Records relating to security plans, vulnerability assessments, or other information that could be used to facilitate an act of terrorism.
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Trade Secrets: Proprietary business information, trade secrets, and commercial or financial information obtained from a person or business.
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Attorney-Client Privilege: Materials prepared in anticipation of litigation or protected by attorney-client privilege.
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Deliberative Process: Memoranda, correspondence, and working papers related to the development of policy before a final decision is reached.
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Specific Statutory Exemptions: Records protected by other state or federal laws, including:
- Certain adoption records (S.C. Code Ann. § 63-9-780)
- Juvenile records (S.C. Code Ann. § 63-19-2010)
- Certain tax records (S.C. Code Ann. § 12-54-240)
- Patient records (S.C. Code Ann. § 44-115-40)
Who Has the Right To Request Public Records in South Carolina
Under the South Carolina FOIA, "any person" has the right to request public records. This broad definition includes:
- South Carolina residents
- Out-of-state residents
- Foreign nationals
- Media organizations
- Businesses and corporations
- Non-profit organizations
- Advocacy groups
- Incarcerated individuals
The law does not require requesters to:
- State the purpose of their request
- Prove South Carolina residency
- Provide identification (though some agencies may require it for certain records)
- Be of legal age (though minors may face practical limitations)
The only limitation is that public bodies are not required to create records that do not exist or to analyze data in response to a request.
What Can Be Done With Public Records in South Carolina
Public records obtained through FOIA requests may be used for various purposes, including:
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Research and Education: Academic research, historical studies, genealogical research, and educational projects.
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Business Purposes: Market research, competitive analysis, property development planning, and background checks.
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Legal Proceedings: Evidence gathering for litigation, due diligence in transactions, and legal research.
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Journalism: Investigative reporting, fact-checking, and news stories about government activities.
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Civic Engagement: Monitoring government activities, advocating for policy changes, and promoting accountability.
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Personal Use: Obtaining copies of one's own records, researching family history, or verifying property information.
While public records are generally available for any use, certain restrictions may apply:
- Commercial use of personal information may be restricted by other laws
- Copyright protections may apply to some government publications
- Redistribution of certain records may be prohibited by specific statutes
Key Agencies and Departments for Public Records in South Carolina
South Carolina Department of Administration
1200 Senate Street, Columbia, SC 29201
Phone: (803) 734-8120
SC Department of Administration
South Carolina Department of Motor Vehicles (DMV)
10311 Wilson Boulevard, Blythewood, SC 29016
Phone: (803) 896-5000
SC DMV
South Carolina Department of Health (DPH)
DPH Headquarters
State of South Carolina Health Campus
400 Otarre Parkway, Cayce, SC 29033
Phone: (803) 898-3300
SC DPH
South Carolina Law Enforcement Division (SLED)
4400 Broad River Road, Columbia, SC 29210
Phone: (803) 737-9000
SLED
South Carolina Judicial Branch
1231 Gervais Street, Columbia, SC 29201
Phone: (803) 734-1800
SC Courts
South Carolina Department of Archives and History
8301 Parklane Road, Columbia, SC 29223
Phone: (803) 896-6100
SC Archives
South Carolina State Library
1500 Senate Street, Columbia, SC 29201
Phone: (803) 734-8666
SC State Library
South Carolina Secretary of State
1205 Pendleton Street, Columbia, SC 29201
Phone: (803) 734-2170
SC Secretary of State
South Carolina Department of Employment and Workforce
1550 Gadsden Street, Columbia, SC 29201
Phone: (803) 737-2400
SC DEW
South Carolina Department of Education
1429 Senate Street, Columbia, SC 29201
Phone: (803) 734-8500
SC Department of Education
South Carolina Department of Natural Resources
1000 Assembly Street, Columbia, SC 29201
Phone: (803) 734-3886
SC DNR
South Carolina Department of Revenue
300A Outlet Pointe Boulevard, Columbia, SC 29210
Phone: (803) 898-5000
SC DOR
South Carolina Legislature
1100 Gervais Street, Columbia, SC 29201
Phone: (803) 212-4500
SC Legislature
South Carolina Department of Transportation
955 Park Street, Columbia, SC 29201
Phone: (803) 737-2314
SCDOT
South Carolina Attorney General's Office
1000 Assembly Street, Columbia, SC 29201
Phone: (803) 734-3970
SC Attorney General
South Carolina State Housing Finance and Development Authority
300-C Outlet Pointe Boulevard, Columbia, SC 29210
Phone: (803) 896-9001
SC Housing
City of Charleston
80 Broad Street, Charleston, SC 29401
Phone: (843) 724-3746
City of Charleston
City of Columbia
1737 Main Street, Columbia, SC 29201
Phone: (803) 545-3045
City of Columbia
How to Appeal a Denied Public Records Request in South Carolina
If your request for public records is denied, South Carolina law provides a process for appeal:
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Administrative Appeal: While not required by law, you may first request that the agency reconsider its decision by writing to the agency head or FOIA officer.
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Judicial Review: Under S.C. Code Ann. § 30-4-100, you may file a lawsuit in the circuit court for the county where the public body is located or where the records are maintained.
- The lawsuit must be filed within one year of the date of the alleged FOIA violation
- The court will hear the matter "as soon as practicable"
- The burden of proof is on the public body to justify withholding records
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Potential Remedies: If the court finds a violation, it may:
- Order the release of records
- Award actual and reasonable attorney's fees and costs to the prevailing party
- In cases of arbitrary or capricious violations, impose civil fines of up to $500
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Alternative Dispute Resolution: The South Carolina Press Association and the Municipal Association of South Carolina offer a FOIA Dispute Resolution Program that provides voluntary mediation services for FOIA disputes.
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Public Access Counselor: While South Carolina does not have a formal public access counselor, the South Carolina Attorney General's Office can provide guidance on FOIA matters.
Difference Between Federal and South Carolina Public Records
Federal and South Carolina public records laws operate independently but share similar principles. Key differences include:
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Governing Law:
- Federal records: Freedom of Information Act (5 U.S.C. § 552)
- South Carolina records: South Carolina Freedom of Information Act (S.C. Code Ann. § 30-4-10 et seq.)
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Covered Agencies:
- Federal FOIA applies to federal executive branch agencies
- SC FOIA applies to all state and local public bodies in South Carolina
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Response Timeframes:
- Federal: 20 working days (with possible 10-day extension)
- South Carolina: 10 business days for records less than 24 months old; 20 business days for older records
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Fee Structure:
- Federal: Varies by agency and requester category (commercial, educational, media, etc.)
- South Carolina: Uniform standard of "reasonable fees" with first 15 minutes free
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Exemptions:
- Federal: Nine specific exemptions plus three exclusions
- South Carolina: More numerous and sometimes broader exemptions
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Appeal Process:
- Federal: Administrative appeal required before judicial review
- South Carolina: No administrative appeal requirement; direct judicial review available
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Records Coverage:
- Federal records typically relate to national matters, federal programs, and federal agencies
- South Carolina records focus on state and local government activities within the state
When seeking records, it's important to determine whether the information is held by federal or state agencies and to follow the appropriate procedures for each jurisdiction.