Charleston County Court Records
Individuals, public and private bodies often engage in civil disputes, land ownership crises, divorces, or felonies, hereby resulting in filing civil or criminal litigations against an offender. This interaction with Charleston's local courts——the 9th Judicial Circuit in South Carolina, generates court records, also known as “case records”. The county’s judicial custodians take records of the court events that take place during these civil and criminal lawsuits.
Court records provide a historical perspective for the court cases, allowing the courts, legal professionals, and the general public to have better research precedents. Charleston County court records also give citizens a wholesome appraisal of the legal system and how justice is served.
As the chief custodian, the Clerk of Court serves both the Circuit Court and the Family Court in Charleston County. The clerk is commissioned by §14-17-595 to record and disseminate court records. Requesters can query them for access to physical and online copies of court records. Since these records are classified as part of Charleston County Public Records, members of the public have access to them unless restricted by the court or state rules.
Are Court Records Public in Charleston County
Yes. South Carolina Freedom of Information Act (FOIA) and the South Carolina Supreme Court (§14-3-410) generally grant public access to court records. It institutes that government-owned organizations, such as legal bodies, must fulfill the right of citizens to inspect and print copies of records filed and maintained within the permissions of the statutory laws and local court rules.
Nevertheless, certain records labeled “confidential” are withdrawn from public inspecting, viewing, and printing.
For example, Section 30-4-40 of the FOIA lists public documents that are not available for public disclosure. These court records include:
- Personal and sensitive information like social security numbers, financial details, and child custody.
- Unpatented, and commercially valuable trade secrets.
- Records, video or audio recordings, or other information compiled for law enforcement purposes.
- Records that, if disclosed to the public, would disclose the identity of a confidential source.
- Matters specifically exempted from disclosure by statute or law.
Likewise, the Charleston Clerk of Court rules restrict certain documents or cases for public viewing because they are confidential due to the nature of the action or they are sealed by court order. For example: Juvenile files, Abuse and Neglect files, and Grand Jury materials are confidential, meaning access is limited to certain individuals while Adoptions and Termination of Parental Rights files are sealed and access may only be granted by court order.
Where to Conduct a Charleston County Case Lookup
Individuals can conduct Charleston County case records in diverse places, such as:
- The Court of Clerk’s office.
- The courthouse where a case was filed.
- Public Index Website provided by the South Carolina Judiciary.
- South Carolina Law Enforcement Division Criminal Record Check
How to Conduct a Charleston County Case Records Search
People who want to conduct a Charleston County case records search can explore several available options, depending on the file or information they need and the urgency of that record search. Here is a comprehensive way to conduct a Charleston County case records search.
Access the Public Index Website
Members of the public can search and inspect public copies of court records online via the South Carolina Public Index. This includes records maintained by the Charleston Circut Court, Master-in-Equity, Magistrate Court, and other Charleston court agencies. Users may engage in the search once they have one or all of the following required details:
- Party’s first or last name
- Case number
- Case type
- Business name
- Indictment number
- CDR code (Criminal Data Report or Criminal Docket Report)
However, it is important to issue a disclaimer here that some portions of the records and information housed on the Public Index may be incorrect, or not current. Thus, they cannot be relied upon as official records of the County. All official records of the County Court are on file in their respective offices and may be reviewed by the public at those offices.
Access the Courthouse where the case was filed
The courthouse of Charleston County is an exclusive and reliable place to review and get physical copies of all court records, depending on which court or clerk manages the data. Requesters can search by case party name or case number.
Access the Court of Clerk’s office
The Charleston Clerk of Court is the chief custodian of the civil, criminal, and domestic court records, files, and information filed and preceded in either the Circuit Court or Family Court. Copies may be obtained in person or by mail. Likewise, the Clerk of Court grants access to court records, to persons who want to inspect and purchase certified copies of court records via CourtPlus.
Case records are available online for Common Pleas cases filed from 1989 to the present, and General Sessions and Family Court cases filed from 1992 to the present. Common Pleas images are available online for documents filed since 1999.
Users can search this exclusive database maintained by the Clerk of Court for County Circuit and Family Court records and case information. The service is available 24/7.
On the other hand, one can access lis pendens and judgments that have not been processed by the Clerk of Court’s Office through the Daybook Search.
Note: There is a per-page fee and a fee for certification of official copies of court records with a raised seal. For example: the clerk charges $4 for record retrieval per each record, 11 cents per page for copies ( xerox, computer, or Microfilm), and $1 for certification. All cashier's checks or money orders are payable to the Charleston County Clerk of Court.
Submit a Record Search Request By Mail
Anyone requesting court records must include a case number and parties’ names. Requests can be made via mail to the appropriate court. Individuals can contact the clerk's office at (843) 958-5000 for service.
South Carolina Law Enforcement Division Criminal Record Check
This online system maintained by the South Carolina Law Enforcement Division (SLED) allows the public to search for criminal records only, such as felonies and other misdemeanors. Users can retrieve records by the following criteria:
- Subject’s last name
- First Initial
- Date of birth
- Social Security Number
A non-refundable fee of $25 is typically charged for a South Carolina criminal records check. SLED also accepts requests for criminal records checks by mail.
The Criminal Records Check Form, payment, and a self-addressed stamped envelope (SASE) may be mailed to the SLED Records Department at the address below:
P.O. Box 21398
Columbia, SC 29221-1398
Charleston County Civil Court Case Records
Civil court records are generated from civil conflicts between two or more claimants. These cases typically begin as a result of a petition laid by a plaintiff for compensatory damages because of injury to self or personal property by the defendant.
The Circuit Court is the State of South Carolina's court of general jurisdiction. The Court of Common Pleas as the the civil arm of the court handles civil matters. Individuals can contact the Charleston Circuit Clerk's Office to obtain civil court case records.
Other civil cases are decided in the Family Court, which has exclusive jurisdiction over all matters involving domestic or family relationships.
This sole forum handles all cases concerning marital disputes, divorce, legal separation, custody, visitation rights, termination of parental rights, adoption, support, alimony, division of marital property, change of name, minors under the age of seventeen alleged to have violated any state law or municipal ordinance.
Individuals may also visit the Charleston Probate Court for records of such cases held and decided there within their jurisdiction. The Court has jurisdiction over marriage licenses, estates of deceased persons, guardianships and conservatorships of incapacitated persons, settlements for minors and wrongful Deaths, and involuntary commitments of mentally ill and/or chemically dependent persons.
Charleston County Criminal Court Case Records
Charleston County criminal case records are a result of litigations involving persons suspected of disobeying the county or state law. Criminal cases are generally filed in the county's Court of General Sessions, which is the criminal division of the circuit court. The case files, records and information are maintained by the Court of Clerk.
How to Get Court Records Online for Free
One can utilize any of the above resources to look up Charleston County court records either on the Clerk of Court's website or Public Index. However, official copies of court records from a clerk's office require associated fees. There are also third-party websites dedicated to providing these services for free or at a nominal subscription fee.
Courts in Charleston County
The Judicial Center
100 Broad Street
Suite 469
Charleston, SC 29401
Phone: (843) 958-5180
Fax: (843) 958-5191
Common Pleas/General Sessions
100 Broad Street
Suite 106
Charleston, SC 29401-2258
Phone: (843) 958-5000
Fax: (843) 958-5020
Family Court
100 Broad Street
Suite 143
Charleston, SC 29401-2265
Phone: (843) 958-4400
Fax: (843) 958-5020
Commitment & Guardianship Division
100 Broad Street
Suite 469
Charleston, SC 29401
Phone: (843) 958-5180
Fax: (843) 958-5191
Estate Division
Historic Courthouse
84 Broad Street
Third Floor
Charleston, SC 29401
Phone: (843) 958-5030
Fax: (843) 958-5044
Marriage License Division
100 Broad Street, Suite 469
Charleston, SC 29401
Phone: (843) 958-5183
Fax: (843) 958-5191