What Are the Differences Between Federal and State Crimes?

In the United States, federal crimes are offenses that violate the U.S federal laws. Law enforcement agencies such as the Central Intelligence Agency (CIA), Federal Bureau of Investigation (FBI), and Immigration and Customs Enforcement (ICE) are responsible for the investigation of federal crimes that are particular to their operations. Federal criminal case proceedings are done following the federal judicial process.

Federal crimes in the U.S include:

• Robbery
• Illegal immigration
• Drug trafficking
• Tax fraud
• Illegal weapons dealing
• Treason
• Human trafficking
• Internet fraud

State crimes are offenses that violate the state code of laws and occur in its jurisdiction. They are usually investigated by the state and local government agencies. In South Carolina, the South Carolina Law Enforcement Division is responsible for the investigation of crimes in the state. State crimes include:

• Aggravated assault
• Arson
• Burglary
• Rape
• Murder
• Possession of controlled substance/drugs
• Shoplifting
• Crimes against minors
• Manslaughter

Some crimes may be of interest to both the federal and state government. Such crimes may have violated both the state and federal laws and warranted the involvement of law enforcement agencies from both parties.

How Does the South Carolina State Court System Differ from the Federal Court System?

The South Carolina court system consists of three levels of court, which are:

• Trial Courts
• Court of Appeal
• Supreme Court

The trial courts consist of the municipal court, magistrates court, probate court, family court, and circuit court. All trial courts handle specific cases with specialized judges unlike in a federal court system where a judge can preside over all types of cases. Cases from the other trial courts can be appealed at the circuit court. The Court of Appeal hears most types of appeals from the circuit court while the Supreme Court is the highest in the state’s court system.

Unlike the federal court judges that are appointed for life, South Carolina judges are elected for a specific number of years. The state’s Supreme Court judges are elected for 10 years while the circuit court judges are elected for a term of 8 years. The removal of federal court judges may only be through impeachment.

How Many Federal Courts are There in South Carolina?

Federal courts in South Carolina amounts to two:

• United States District Court for the District of South Carolina
• United States Bankruptcy Court for the District of South Carolina

The United States District Court for the District of South Carolina handles cases that violate the federal laws in the State of South Carolina. The court has seven locations in the cities of Aiken, Anderson, Charleston, Columbia, Florence, Greenville, and Spartanburg. These courts addresses are:

Charles E. Simons, Jr. Federal Courthouse

223 Park Avenue, S. W.

Aiken, SC 29801

G. Ross Anderson Jr. Federal Building and the United States Courthouse

315 South McDuffie Street, 2nd Floor

Anderson, SC 29624

J. Waties Waring Judicial Center

Meeting Street at Broad Street

Charleston, South Carolina 29401

Matthew J. Perry, Jr. Courthouse

901 Richland Street

Columbia, South Carolina 29201

McMillan Federal Building

401 West Evans Street

Florence, South Carolina 29501

Clement F. Haynsworth Federal Building & U.S. Courthouse

300 East Washington Street

Greenville, South Carolina 29601

Donald S. Russell Federal Building & U.S. Courthouse

201 Magnolia Street

Spartanburg, South Carolina 29306

The United States Bankruptcy Court for the District of South Carolina handles federal bankruptcy cases in the South Carolina district. It has courthouses located in the cities of Charleston, Columbia and Spartanburg:

King and Queen Building

145 King Street, Room 225

Charleston, SC 29401

J. Bratton Davis U.S. Bankruptcy Courthouse

1100 Laurel Street

Columbia, South Carolina 29201–2423

Donald S. Russell Federal Building

& U.S. Courthouse

201 Magnolia Street

Spartanburg, South Carolina 29306

Are Federal Cases Public Records?

Following the Nixon v. Warner Communications, Inc., 435 U.S. 589 (1978) case, the U.S federal law allows eligible persons to obtain copies of federal case records. The general public however only has access to non-confidential records of federal cases. Federal court records include transcripts, dockets, petitions, and statements used during a case. Records of some federal cases may be unavailable due to the nature of the information it contains. Personal details including financial accounts and social security numbers may be redacted. Federal juvenile cases are also inaccessible to the general public except for eligible persons.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How to Find Federal Courts Records Online

Members of the general public can access South Carolina federal court records online via the Public Access to Court Electronic Records (PACER). The PACER system generally hosts federal court records in the U.S. Interested persons will need to create an account to use the system. To access South Carolina federal court records, users of the PACER system may search for the case by the federal court’s location. Users may obtain the following information:

• Docket sheets
• Listing of all the parties involved including attorneys and judges
• Date of filings
• Court transcripts
• Case status
• The verdict of the cases
• Petitions and motions filed

Federal court records are available on the system within 24 hours of the case. Users of the PACER system can obtain copies of records at the cost of $0.03 per page and $3 per document. Users may also apply for the waiver of fees.

How to Find Federal Court Records in South Carolina?

In South Carolina, federal court records can be obtained at the courthouse where the case was filed. The clerk of the court is usually the custodian and interested persons may obtain records in-person or via U.S mail.

Interested persons can obtain federal court records, for the United States District Court for the District of South Carolina, from the public access computer terminals located at the clerk’s offices at Charleston, Columbia, Florence, and Greenville. Federal case information may be searched by the case number, filing date, and the name of the parties involved. Cost of printing out copies of the desired record $0.10 per page. The public may also request records from the clerk’s office in-person or via written requests sent through U.S mail. The clerk charges $0.50 per page of the desired record and $11 per certified copy. Interested persons may get complete the request form and submit it alongside the fee to the clerk’s location in Charleston, Columbia, Florence, and Greenville:

J. Waties Waring Judicial Center

Meeting Street at Broad Street

Charleston, South Carolina 29401

Matthew J. Perry, Jr. Courthouse

901 Richland Street

Columbia, South Carolina 29201

McMillan Federal Building

401 West Evans Street

Florence, South Carolina 29501

Clement F. Haynsworth Federal Building & U.S. Courthouse

300 East Washington Street

Greenville, South Carolina 29601

Interested persons may access federal court records of the United States Bankruptcy Court for the District of South Carolina at the office of the clerk of the federal court the case was filed. Individuals that wish to request records in-person may visit the clerk’s office location from 9:00 a.m.—4:00 p.m. Requestors may also send written requests via mail. Charges may apply for searching and copying records, following the court’s fee schedule. Requests can be addressed to:

King and Queen Building

145 King Street, Room 225

Charleston, SC 29401

J. Bratton Davis U.S. Bankruptcy Courthouse

1100 Laurel Street

Columbia, South Carolina 29201–2423

Donald S. Russell Federal Building

& U.S. Courthouse

201 Magnolia Street

Spartanburg, South Carolina 29306

Can Federal Crimes Be Dismissed in South Carolina?

The dismissal of federal crimes in South Carolina is possible but uncommon. When a court dismisses federal crimes, it acquits defendants of their charges. This may occur in a case where there are delays that breach the defendant’s right to speedy trials. When a case is dismissed, the defendant may not be re-indicted for the same crimes.

How Do I Clear My Federal Criminal Record?

Some federal criminal records that involve juvenile activity are usually inaccessible by the public. Persons who violate the Controlled Substance Act under the age of twenty-one may have such records inaccessible to the public. Typically, interested persons may clear federal records by filing a motion to seal or expunge records at the court the case was filed. The federal judges are responsible for reviewing motions to seal or expunge criminal records. The judge gives a verdict by considering the grounds for clearing criminal records in accordance with the federal laws.