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Compendium of State Privacy and Security Legislation: 1997 Overview - South Carolina; Clerks of Courts

NCJ Number
Date Published
May 1997
This is a 1997 overview of South Carolina law pertinent to the privacy and security of criminal justice information, with attention to the responsibilities of clerks of courts.

A provision of South Carolina law requires that every clerk of court report the disposition of each case in the Court of General Sessions to the State Law Enforcement Division within 30 days of disposition in a format approved by representatives of the State Law Enforcement Division and the Office of Court Administration. Another provision requires that after the discharge, dismissal, or finding of innocence, criminal records must be destroyed. Further, all information obtained and social records prepared in the discharge of official duties by an employee of the juvenile court or Department of Youth Services must be confidential; however, these records must be open to inspection without the consent of the judge when the records are necessary to defend against an action initiated by a juvenile. Another statutory provision focuses on the expungement of criminal records. Provisions of the Freedom of Information Act set the parameters for access to public records, including the right to inspect or copy public records, fees, and the notification of the public availability of records. Matters exempt from disclosure are also specified. Chapter 3 of Title 23 of the Code of Laws of South Carolina 1976 covers the criminal information and communication system. Sections of this chapter address the creation and functions of the statewide criminal information and communication system, reports of criminal data by law enforcement agencies and court officials, and determination of information to be supplied and methods of evaluation and dissemination. Proposed regulations for the implementation of criminal-information-and-communication provisions are also included.

Date Published: May 1, 1997