Felonies, Misdemeanors, And Infractions in South Carolina

States punish acts that violate the laws according to their governing constitutions to maintain law and order in their societies. South Carolina mirrors this approach. The state defines and classifies crimes and offenses that might lead to a breakdown of law and order into felonies, misdemeanors, and infractions based on the gravity of each offense. Felonies represent the most serious crimes, which means individuals who commit these offenses receive the most severe punishments. Misdemeanors are less serious than felonies; therefore, the penalties are not as serious as those for felonies. Infractions are even less grievous and mostly involve traffic violations that receive the maximum ticket penalties. Summarily, South Carolina crimes are tried based on their types. In addition to record types, South Carolina law sets statutes of limitations that limit the time for filing charges against criminal suspects.

What Is A Felony In South Carolina?

Felonies are the most serious crimes under the South Carolina Code of Laws. To ease the process of serving judgment, the South Carolina code classifies the different serious crimes into 6 classes of felonies. They are ranked according to their severity and accompanying recommended punishments. The various classes of felonies in South Carolina are:

• Class A Felony - Individuals guilty of crimes under this category may be sentenced to a prison term not exceeding 30 years
• Class B Felony - Crimes in this category are punishable by a prison term of up to 25 years
• Class C Felony - The penalty for offenses in this class may include imprisonment for a period not exceeding 20 years
• Class D Felony - For those convicted of crimes in this category, the maximum prison term ranges up to 15 years, in addition to a fine of up to $100,000, or both, depending on the court’s decision
• Class E Felony - Offenses in this class may be punishable by not more than 5 years' jail term, and/or a fine that ranges between $100 and $500 for a first-time offense. Subsequent offenses may be punished with a jail term of not more than 10 years, and fines between $500 and $5000
• Class F Felony - Individuals guilty of crimes in this felony class may be sentenced to a jail term that should not exceed 5 years, or a fine that should not exceed $5000.00, or a prison term and fines, depending on the judge’s discretion.

Some major crimes and offenses fall outside this classification and are designated as Exempted crimes. Separate, individual statutes detail the recommended punishment for each of these exempted crimes.

What Are Some Examples Of Felonies In South Carolina?

The various felony categories in South Carolina convey different degrees of severity of offenses and punishments. Some examples of crimes under each class of felony are:

Class A Felonies

• Kidnapping
• Aggravated assault
• Attempted murder
• Manslaughter
• Bank robbery

Class B Felonies

• Second-degree Arson (intentionally setting fire to a building or personal property that results, either directly or indirectly, in causing serious bodily injury to an individual)
• Money laundering
• Drug trafficking
• Driving While Intoxicated (DWI results in the death of an individual
• Hit and run

Class C Felonies

• Being an accomplice in the murder of a minor
• Sexual exploitation of a minor
• Aggravated assault and battery
• Robbing an individual at an ATM
• Inflicting bodily injury on a minor
• Attempted armed robbery

Class D Felonies

• Third-degree arson (maliciously setting fire or causing an explosion to a building or personal property, which causes bodily injury to an individual)
• Second-degree burglary (entering a building without consent with the intent of committing a crime. The perpetrator should have been a person with a prior conviction for burglary or who was harmed with a weapon. The burglary happening at night also makes it a strong case for second-degree burglary)
• Aiding an individual to commit suicide
• Stalking within 10 years of a previous conviction for stalking
• Abuse or neglect of an adult resulting in great bodily injury

Class E Felonies

• Blackmail
• Electoral bribery
• Receiving stolen goods worth $10,000 or more
• Malicious destruction of property worth $10,000 or more
• Intentionally causing malicious injury to animals
• Sexual battery by a spouse

Class F Felonies

• Stalking (first-time offense)
• Carrying weapons on school property
• Illegal conduct at elections
• Sale or possession of counterfeit cigarettes
• Larceny (theft of goods and properties worth between $2,000 and $4,000)
• Violation of a restraining order (if the restraining order was given because a felony offense was committed in the first instance)
• Perjury

Exempted Crimes

• Murder
• Causing the death of a child by abuse or neglect
• Engaging in criminal sexual conduct with a minor in the first degree
• First-degree burglary
• Robbery of operators of vehicles for hire
• False claims
• Trafficking in persons (third or subsequent offense)
• Accessory before the fact.

Can I get a Felony Removed from a Court Record in South Carolina?

No, South Carolina does not permit the expungement of felony records. If a court finds an individual guilty of a felony offense, the record remains permanent. However, there are exemptions if the charges result in dismissals, acquittals, or the individuals complete Pre-trial Intervention (PTI), Alcohol Education Program (AEP), or other diversion programs for first-time non-violent offenses. South Carolina also allows the expungement of non-violent juvenile crimes if the offenders complete probation or the sentences for their crimes, and do not have subsequent or pending criminal convictions.

Is Expungement The Same As Sealing Court Records In South Carolina?

No, expungement is not the same as sealing. In most states, when the court expunges a record, it destroys all fingerprints, DNA records, arrest/booking records, and mug shots. It is as if the records never existed, and the owners can claim that they were never convicted.
In contrast, sealing hides these records from members of the public but does not destroy them. Government agencies and any authorized member of the public may access those records.
South Carolina permits the sealing or expungement of felony conviction records only when they relate to non-violent juvenile felonies, and the individuals have completed the sentences for their crimes.

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

Felony records that do not qualify for expungement stay permanently on the offender's record. Only a felony conviction that has been expunged will be off the offender’s record. Juvenile offenders, except for those who were found guilty of violent crimes and domestic violence, may have their records expunged 3 years after the completion of the entire sentence of the conviction. Those who were convicted of domestic violence may have their records expunged 5 years after completing their sentences. Additionally, they must have no new convictions.

What is a Misdemeanor in South Carolina?

Misdemeanors are less serious offenses than felonies. In South Carolina, a misdemeanor offense may result in up to 3 years' imprisonment. The South Carolina code classifies offenses into 3 classes of misdemeanors.

Class A Misdemeanors: Crimes within this category have a maximum prison term of 3 years. The penalty for a Class A misdemeanor may also include up to $2,500.00 in fines

Class B Misdemeanors: A Class B misdemeanor conviction in South Carolina may result in up to 2 years imprisonment and/or a fine between $1000 and $2000

Class C Misdemeanors: These are the least ranked misdemeanors under South Carolina's criminal law. The prison terms for a Class C misdemeanor in South Carolina do not exceed 1 year. In addition, offenders may pay up to $1,000.00 as fines.
Similar to felonies, some misdemeanor crimes are not classified; the penalties for these offenses are described by their statutes.

What Are Some Examples Of Misdemeanors In South Carolina?

Examples of misdemeanors that fall under the different classes are:

Class A Misdemeanors

• Third offense of vandalism within 10 years
• Receiving stolen goods with a value ranging between $2,000 and $10,000
• Second-degree assault and battery (injuring or attempting to injure another person that results in moderate bodily injury)
• First offense of shoplifting
• Threatening a minor with physical violence by a gang member
• Communicating with someone without their consent

Class B Misdemeanors

• Enticing a child, leading to the child’s absence from school
• False income representation to get housing allocation
• Third or subsequent offense of animal cruelty
• First-time offense of possession of controlled narcotics
• Assaulting another person because of the expression of political opinions
• Using firearms under the influence of alcohol or other controlled substances

Class C Misdemeanors

• Second offense of vandalism in 10 years
• Libel or Slander
• Assault with a concealed weapon
• Third-time offense of prostitution
• Theft of cable television service
• Falsifying a transcript
• Disturbing a religious worship

Exempted Misdemeanors

• Possession of Marijuana
• Illegal possession of
• Failure to register as a sex offender.

Can I Get a Misdemeanor Removed from a Record in South Carolina?

Yes, South Carolina allows the expungement of misdemeanor records. However, eligibility depends on the type of offense and the offender's criminal history. Per § 17-22-910 et seq. of the South Carolina Code, a misdemeanor record is expungeable if it relates to:

• First-time simple possession of marijuana (30g or less)
• Fraudulent check convictions
• First-offense failure to stop for a blue light (non-violent)
• First-offense misdemeanor under the Youthful Offender Act (YOA)
• Minor alcohol offenses (for instance, underage drinking)
• First-offense domestic violence, 3rd degree (DV3)
• First-offense non-violent misdemeanors
• First-Offense Non-Violent Misdemeanors with a fine of $500 or less, or not more than 30 days in jail.

Additionally, the court may expunge a South Carolina misdemeanor record if:

• The charges result in dismissal or acquittal
• The owner completes a Pre-Trial Intervention, Alcohol Education Program (AEP), or Traffic Education Program (TEP).

Eligible individuals intending to remove misdemeanor convictions from their records must observe a 1-year to 5-year waiting period before they petition for expungement.

Can a DUI Be Expunged in South Carolina?

South Carolina does not permit the expungement of DUI convictions. Only DUIs that result in dismissal or acquittal are expungeable.

What Constitutes An Infraction In South Carolina?

Infractions in South Carolina are referred to as violations. These mostly involve traffic offenses, municipal ordinance violations, and administrative/regulatory offenses. These types of offenses do not result in felony or misdemeanor records. However, they may affect the offender’s insurance, license, and driving records. The penalties for infractions/violations in South Carolina include tickets and points on driving licenses. The offender pays off tickets with a fine, while the accumulation of tickets and points may lead to the suspension of the individual’s driving license.

What are some examples of Infractions in South Carolina?

South Carolina refers to infractions as violations. These are offenses that do not result in prison terms. Some examples of infractions in South Carolina are:

Traffic Violations (non-criminal, civil in nature)

• Speeding
• Driving without Insurance
• Seatbelt violation
• Driving without a license
• Failure to stop for law enforcement agents
• Not moving over for emergency vehicles
• Driving with a broken headlight
• Driving with an expired license plate
• Talking on a cell phone while driving
• Illegal U-turn
• Running a red light
• Unlawful vehicle modifications

Municipal Ordinance Violations

• Noise ordinance violations
• Littering
• Curfew violations
• Open container in public (sometimes treated as an ordinance-level offense)

Administrative/Regulatory Offenses

• Fishing or hunting without a license
• Minor boating violations
• Local code enforcement issues (zoning, housing code violations).

Can Infractions be Expunged from a South Carolina Criminal Court Record?

Infractions/violations in South Carolina are not criminal offenses and do not result in criminal convictions. Hence, they are not expungeable (like criminal records). Nevertheless, all traffic violations may remain permanently on an offender’s driving record.

What is Deferred Adjudication in South Carolina?

Unlike some states, South Carolina does not use deferred adjudication as an official designation for diversion programs. The closest equivalent to deferred adjudication is the Pre-Trial Intervention (PTI), Alcohol Education Program (AEP), Traffic Education Program (TEP), and Drug Court/Treatment Court.
In South Carolina, diversion programs, such as the PTI, AEP, and TEP, allow offenders to avoid conviction if they complete court-ordered requirements. Completing these programs results in the dismissal of the charges and possible expungement.

Types of Crimes Eligible for Deferred Adjudication in South Carolina

Not all crimes are eligible for South Carolina diversion programs. South Carolina diversion programs exclude violent crimes, domestic violence offenses, DUI/DUAC, and crimes with serious bodily injury or use of a weapon.
Offenses that are eligible for South Carolina's diversion programs include:

Non-Violent Property Crime

• Shoplifting (first offense, low-value)
• Petit larceny
• Vandalism/malicious injury to property (non-violent, small damage)
• Trespassing

Drug-Related Offenses (Low-Level)

• First-offense simple possession of marijuana (less than 30g)
• First-offense simple possession of prescription drugs (personal use)
• Possession of drug paraphernalia

Fraud & Financial Crimes (Minor, First Offense)

• Fraudulent checks (first offense)
• Forgery (low-level, non-violent)
• Credit card fraud (small amount, non-violent)

Traffic-Related Offenses (Non-DUI)

• Minor traffic offenses (handled under TEP, not DUI)
• Failure to stop for blue light (first offense, non-injury)

Alcohol-Related Offenses (for youth/first-timers)

• Underage drinking/possession of alcohol (AEP program)
• Public intoxication (case-by-case)

Other Non-Violent First-Time Offenses

• Disorderly conduct
• Resisting arrest (without violence or injury)
• Harassment (low-level, non-violent).