South Carolina Misdemeanors

A misdemeanor is a criminal offense less serious than a felony and more serious than a minor ordinance or traffic violation. South Carolina grades misdemeanors as Class A, B, C, or “exempt misdemeanors”, which have their own penalty clauses. Maximum jail caps are set statewide: Class A (3 years or less), Class B (2 years or less), Class C (1 year or less). By contrast, most summary-level cases attract no more than 30 days’ jail or a $500 fine and are tried in the state’s summary courts (either the magistrates or municipal courts).

What Is a Misdemeanor in South Carolina?

South Carolina law distinguishes its crimes by their seriousness and the penalties they attract. For instance, the most serious misdemeanors (Class A) are punished by 3 years in jail, and summary court offenses have a maximum sentence of 30 days in jail and/or $500 in fines, but felonies can attract more than five years in jail at the lowest felony class.

Typical examples of misdemeanors include retail theft under the threshold, simple assault, and first-offense DUI. A first DUI under §56-5-2930 is a misdemeanor with mandatory minimums that scale by Blood Alcohol Concentration (BAC) - a first offense carries 48 hours–30 days or an alternative like public service, fines starting at $400, and a license suspension, which gets higher at 0.10 BAC or more.

The court that hears your case depends on the maximum penalty authorized by the law charged. Offenses punishable by more than 30 days or greater than $500 are typically filed in General Sessions (the criminal division of circuit court), but if it's at 30 days/$500 or less, they are heard in magistrate/municipal court.

Misdemeanor Classes and Penalties in South Carolina

State law determines the ceiling sentence by the class an offense falls under. Specific laws may set higher mandatory minimums or special fines.

• Class A misdemeanor: Offenders can get up to 3 years.
• Class B misdemeanor: Such offenses can attract up to 2 years.
• Class C misdemeanor: Offenders can get up to ayear.

Some misdemeanors are “exempt” and have their own limits—e.g., 30, 90, or 180 days.

Magistrate and municipal courts generally have trial jurisdiction only for offenses carrying jail time of 30 days or less and fines of $500 or less (plus any restitution). If there is jail time, offenders serve it in a county or municipal facility.

First-offense DUI (§56-5-2930) uses a tiered grid:

• Under 0.10 BAC (fine up to $400 and 48 hours–30 days)
• 0.10–0.16 BAC (fine $500 and 72 hours–30 days)
• 0.16 BAC or greater (fine $1,000 and 30–90 days), plus license consequences and assessments.

Misdemeanor Court Process in South Carolina

Misdemeanor cases can be heard in different courts, namely:

• Summary Courts (Magistrate & Municipal): Thesehandle offenses of 30-day/$500 or less, as well as first appearances, bonds, and some preliminary hearings. Jury trials here use six jurors.
• General Sessions (Circuit Court): These try misdemeanor and felony cases above the summary-court cap and use twelve-person juries. In some cases, the lawyer may transfer an eligible misdemeanor from General Sessions down to summary court (with notice and defendant’s right to object).

The typical stages misdemeanor cases follow are:

1. Citation or arrest: This starts with a warrant, complaint, or indictment and is issued in the proper court.
2. Bond/Bond Court: A judge would typically address release conditions for the offender. Typically, summary courts hold bond court sessions.
3. Arraignment/First appearance & solicitor screening: Here, discovery and plea talks are done. The court may also explore eligibility for diversion (e.g., PTI).
4. Trial: This could be a bench or jury trial in the court with jurisdiction—there are six jurors in the summary court and twelve jurors in the General Sessions. In the trial, all verdicts must be unanimous.
5. Sentencing: The judge can impose jail time, a fine, probation, restitution, treatment, or no-contact orders, and apply offense-specific schemes (e.g., DUI).

Misdemeanor Records in Major South Carolina Cities

South Carolina has a county-by-county “Public Index” for trial-court records. The online entry shows the Register of Actions (filings, hearings, dispositions, sentence terms, and balances). The clerk’s file is the official record for misdemeanors, and sealed/expunged items are not visible to the public.

• Columbia (Richland County): Use the Richland County Public Indexfor general sessions/magistrate dockets. The Columbia Municipal Court handles city ordinance/traffic.
• Charleston (Charleston County): Charleston Municipal Court lists online payments, a livability case inquiry, and local records FAQs.
• Greenville (Greenville County/City): The county hosts Public Index and online payment portals. The Greenville Municipal Courtmaintains its own ePay site and payment hours.

For Supreme Court or Court of Appeals cases, use theC-Track appellate portal.

How to Search for Misdemeanor Records in South Carolina

1. Go to the Judicial Branch “Public Index”: Select the county, then search by name or case number to view the Register of Actions, future settings, and disposition information.
2. Check the city court if it’s a municipal case: • Columbia Municipal Court: You can make a payment and find case information (records maintained by Richland County). •Charleston Municipal Court: You can make online payments and look up records guidance in PDF. • Greenville Municipal Court: This is an online payment portal. You may also contact the clerk.
3. Pay eligible tickets online:South Carolina’s SC.gov redirects you to the right county/municipal payment system if online payment is allowed.
4. Certified copies: Contact the summary/municipal clerk or the Clerk of Court (for General Sessions) for certified copies. Clerks can certify dispositions for licensing boards and employers. For wider access, some counties also offer in-person terminals. If your case is federal, that’s a separate system—U.S. District Court records are obtained through the federal clerk/PACER, not the state index.

How Long Does a Misdemeanor Stay on Your Record in South Carolina?

South Carolina uses law-specific expungement rules (administered by each solicitor's office) and limited automatic cleanup for certain dismissed charges. Relief varies by outcome and offense:

1) Dismissed/Not-Guilty Cases (Summary Courts): If a summary-court charge (magistrate or municipal) is dismissed, nolle prossed, or not guilty, the summary court must issue an expungement order at no cost, and Internet-based records must be removed within 30 days of disposition.

2) Minor/First-Offense Convictions (30 days/$1,000 or less): After 3 years with no new convictions, a person may apply to expunge one qualifying conviction (including convictions entered in General Sessions that carried 30 days/$1,000 or less). Motor-vehicle offenses are excluded, and 3rd-degree domestic violence requires 5 years of no further convictions. You can only expunge a record once per lifetime, with limited “same-incident” aggregation.

3) Youthful Offender Act (YOA) Convictions: A person sentenced as—or eligible to be treated as—a Youthful Offender for a non-violent offense may get their records expunged 5 years after completing the sentence with no new convictions.

4) Other specific statutes:South Carolina’s Uniform Expungement of Criminal Records Act lists additional pathways (e.g., conditional discharge for first-time drug possession, fraudulent check (first offense) after restitution, and PTI/ARD-type diversion completions).

An expungement (often called an Order for Destruction of Arrest Records) removes court and law-enforcement records from public view. However, SLED retains a nonpublic index for limited purposes (e.g., enforcing one-time limits). Without court-ordered relief, a misdemeanor can remain on public dockets indefinitely.