Sex Offender Registry
In South Carolina, convicted sex offenders are required to register their information with the local sheriff on a biannual basis. In some instances, based on the gravity and violent nature of the offense the sex offender may be required to register more frequently.
A sex offender’s information is made available to the public database and includes the offender’s:
- Name
- Address
- Photograph
- Physical description
- Vehicle description
Registering as a sex offender can have a serious impact on one’s life and perhaps even
endanger the offender’s personal safety. Convicted sex offenders are not only deprived of certain rights (including the rights to vote, possess a firearm and to travel outside the home state), but many sex offenders struggle to find and retain employment. Sex offenders may also be ineligible to attend college, receive financial aid or secure housing.
Federal Sex Offender Law
In 2006, the Adam Walsh Child Protection and Safety Act was passed into law requiring all U.S. states to classify sex offenders in a tiered registry system. The tiered registry system categorizes sex offenders according to their perceived threat level, based on the severity of the offense committed, and enforces penalties accordingly.
Powell v. Keel
In 2021, the South Carolina Supreme Court issued its decision in Powell v. Keel, ruling that South Carolina’s lifetime registration requirement for sex offenders was unconstitutional because the requirement did not offer the opportunity for judicial review to assess the risk of reoffending.
Prior to Keel, South Carolina had the strictest sex offender registry law in the nation, as sex offenders were required to register for life without any opportunities for removal.
Response to Keel
The ruling in Keel resulted in a major change to South Carolina law: a mechanism for sex offenders to seek removal from the registry.
The new law created a three tiered registry system to classify sex offenders, with Tier III being the most severe and Tier I being the least severe. The requirements to seek removal from the sex offender registry requirement are tied to the offender’s assigned tier.
Tier I Offenders
Tier I offenders are convicted of certain offenses, including but not limited to:
- Criminal sexual conduct, third degree
- Kidnapping a person 18 years or older
- Incest
- Buggery
- Peeping, voyeurism or aggravated voyeurism
- Sexual intercourse with a patient or trainee
Tier I sex offenders are permitted to apply for removal from the sex offender registry
requirement no less that 15 years after registration.
Tier II Offenders
Tier II offenders are convicted of certain offenses, including but not limited to:
- Criminal sexual conduct, second degree
- Engaging a child in sexual performance
- Producing, directing or promoting sexual performance by a child
- Human trafficking
- Criminal sexual conduct with a minor, second degree
- Criminal sexual conduct with a minor, third degree
- Online solicitation of a minor
Tier II offenders are permitted to apply for removal from the sex offender registry
requirement no less 25 years after registration.
Tier III Offenders
Tier III offenders are convicted of certain offenses, including but not limited to:
- Criminal sexual conduct, first degree
- Criminal sexual conduct with a minor, first degree
- Kidnapping of a person under 18 years of age
Tier III offenders are permitted to apply for removal from the sex offender registry
requirement no less 30 years after registration.
Applying for Removal
Once the allotted number of years required for the specific tier have passed, a sex offender can apply for removal. The removal process is initiated by filing a paper application with the South Carlina Law Enforcement Division (SLED). The submission to SLED must include:
- Completed SLED application
- Two sets of fingerprints
- Non-refundable $250 filing fee
- All sentencing sheets and/or other disposition documents for convictions that required sex offender registration
- Proof of successful completion of any and all required sex offender treatment programs.
After submission, SLED will review the application. If approved, SLED will remove the
applicant’s name from the registry and notify the applicant within 120 days. If denied, the applicant may petition again no sooner than 5 years after their application was denied.
Judicial Review
If removal is denied by SLED, the offender may petition the Court of General Sessions for removal pursuant to SC Code Ann. § 23-3-463 (1976). If the Court finds by clear and convincing evidence that the offender is no longer a foreseeable risk to reoffend and that it is in the best interest of justice to grant the motion for removal, then removal will be ordered.
SC Code Ann. § 23-3-463 (1976) sets forth the process of petitioning the Court of
General Sessions for removal.