Sex Offender Registration in South Carolina

People convicted of listed offenses must register with the county sheriff within one business day of release from custody (within three business days of moving into the state) and report address changes within three business days. The registry is generally for life with in-person registration twice a year, or every 90 days for Tier III offenders and sexually violent predators. Tier I offenders may ask SLED to end registration after 15 years and Tier II offenders after 25 years if they meet the conditions; Tier III offenders may not. Failing to register or give notice is a misdemeanor for a first offense (up to 366 days, a fine up to $1,000, or both), a misdemeanor with a mandatory 366 days for a second offense, and a felony with a mandatory 5 years (3 not suspendable) for a third or later offense.

South Carolina's rule on court-appointed lawyers: A person entitled to counsel under the U.S. Constitution who is found by the court to be financially unable to retain counsel is to be provided counsel unless he knowingly and voluntarily waives it. The person must execute an affidavit that he is financially unable to employ counsel, setting forth all his assets. A forty dollar application fee for public defender (or appointed counsel) services must be collected; the clerk of court or other appropriate official may waive or reduce it if the person is unable to pay, and the judge may order the remainder paid during probation. If the person has some assets but not enough to retain private counsel, the court may order the assets or a portion of them paid. In emergencies courts may appoint counsel before the application is completed. S.C. Code §§ 17-3-10, 17-3-30, 17-3-45

Lawyers set their own fees, and South Carolina has rules on how they may charge. See hiring a criminal defense lawyer in South Carolina for fee rules, how to check a lawyer's license and free help.

How release before trial works in South Carolina: A person charged with a noncapital offense is to be released pending trial on his own recognizance at the first appearance unless the court determines that such a release will not reasonably assure the person's appearance as required, or that the person poses an unreasonable danger to the community or an individual. In that case the court may impose conditions such as an appearance bond with approved surety, placement in the custody of a designated person or organization, restrictions on travel, association or residence, or a requirement to return to custody after specified hours. In setting conditions the court may consider the nature and circumstances of the offense, family ties, employment, financial resources, character and mental condition, length of residence in the community, criminal convictions, and any record of flight or failure to appear, and it must consider the person's criminal record, pending and prior charges, incident reports, whether an unlawfully present alien is a substantial flight risk, gang-database status, and whether the person is already on bond for another offense. For a violent offense or firearm felony, bond must be set at the full cash amount. For certain domestic violence offenses (Chapter 25, Title 16) the bond hearing must occur within twenty-four hours after the arrest. Circuit courts may review bonds set by summary court judges. S.C. Code §§ 17-15-10, 17-15-15(D), 17-15-30, 17-15-55 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See South Carolina expungement and record sealing rules.