Berkeley County Public Records
What Are Public Records in Berkeley County?
Public records in Berkeley County are defined according to the South Carolina Freedom of Information Act, specifically under § 30-4-20(c), as "all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, data processing software, and other material prepared, owned, used, in the possession of, or retained by a public body." These records document the activities and operations of government agencies serving Berkeley County residents.
Berkeley County maintains numerous types of public records, including:
- Court Records: Civil, criminal, family court, and probate court proceedings maintained by the Berkeley County Clerk of Court
- Property Records: Deeds, mortgages, liens, plats, and property assessments maintained by the Register of Deeds and Assessor's Office
- Vital Records: Birth, death, marriage, and divorce certificates (note that vital records are primarily maintained at the state level through the South Carolina Department of Health and Environmental Control)
- Business Records: Business licenses, permits, and fictitious business names
- Tax Records: Property tax information, assessment records, and tax maps
- Voting and Election Records: Voter registration data and election results maintained by the Berkeley County Board of Elections and Voter Registration
- Meeting Minutes and Agendas: Records of County Council meetings, boards, and commissions
- Budget and Financial Documents: County budgets, expenditure reports, and financial statements
- Law Enforcement Records: Incident reports, arrest logs, and jail records (with certain restrictions)
- Land Use and Zoning Records: Planning documents, zoning maps, and building permits
The Berkeley County Register of Deeds maintains property records, while the Berkeley County Clerk of Court is responsible for court records. The Berkeley County Assessor's Office maintains property assessment records, and the Berkeley County Sheriff's Office maintains law enforcement records.
Is Berkeley County an Open Records County?
Berkeley County adheres to the South Carolina Freedom of Information Act (FOIA), codified under § 30-4-10 et seq. of the South Carolina Code of Laws. This statute establishes the public's right to access government records throughout the state, including Berkeley County.
Under § 30-4-15 of the South Carolina Code, the General Assembly has declared that "it is vital in a democratic society that public business be performed in an open and public manner so that citizens shall be advised of the performance of public officials and of the decisions that are reached in public activity and in the formulation of public policy."
Berkeley County government operates in compliance with these state transparency laws. The county follows the statutory requirements for responding to public records requests, which generally require a response within 10 business days for records less than 24 months old, and 20 business days for older records, pursuant to § 30-4-30(C).
Additionally, Berkeley County adheres to the state's open meetings laws, also part of the FOIA, which require that meetings of public bodies be open to the public with proper notice given. The county publishes its public records policy on its official website, detailing procedures for requesting records.
How to Find Public Records in Berkeley County in 2026
Members of the public seeking records from Berkeley County may utilize several methods to access information. The county maintains a hybrid system of both online and in-person access options.
For online access to public records, requestors may:
- Visit the Berkeley County website to access digital records and department-specific information
- Search court records through the South Carolina Judicial Department Public Index
- Access property records through the Berkeley County Register of Deeds online portal
- View County Council meeting minutes and agendas through the county's online document management system
For in-person requests, individuals may:
- Submit a written FOIA request to the specific department maintaining the desired records
- Visit the appropriate county office during regular business hours
- Complete the county's standard FOIA request form, available at county offices or downloadable from the county website
When submitting a request, requestors should:
- Clearly identify the specific records sought
- Provide contact information for response
- Indicate preferred format for receiving records (electronic or paper)
- Include any date ranges or other parameters to narrow the search
Pursuant to § 30-4-30(C), the county must respond to FOIA requests within 10 business days for records less than 24 months old, and within 20 business days for older records. The response will either provide the requested records, notify the requestor of the need for additional time, or explain why records cannot be disclosed.
For specialized records, requestors should contact:
Berkeley County Clerk of Court
300 California Avenue
Moncks Corner, SC 29461
843-719-4400
Berkeley County Clerk of Court
Berkeley County Register of Deeds
1003 Highway 52
Moncks Corner, SC 29461
843-719-4084
Berkeley County Register of Deeds
How Much Does It Cost to Get Public Records in Berkeley County?
Berkeley County assesses fees for public records in accordance with § 30-4-30(B) of the South Carolina Freedom of Information Act, which stipulates that fees must be reasonable and cannot exceed the actual cost of searching for and making copies of records.
Current standard fees for public records in Berkeley County include:
- Copy Fees: $0.25 per page for standard black and white copies
- Search and Retrieval: $20.00 per hour after the first hour (first hour is typically free)
- Electronic Records: Variable fees based on the medium (CD, DVD, flash drive)
- Specialized Documents:
- Certified copies: $5.00 per document
- Maps and plats: $5.00 to $25.00 depending on size
- Photographs: $10.00 per photograph
The county accepts the following payment methods:
- Cash (in-person only)
- Check or money order
- Credit/debit cards (subject to processing fee)
Pursuant to § 30-4-30(B), the county may require a deposit not exceeding 25% of the total anticipated cost for reproduction of the records if the search and retrieval time is expected to exceed two hours or if the records are older than 24 months.
Fee waivers or reductions may be granted when the county determines that furnishing the information primarily benefits the general public. Government agencies and certain educational institutions may also qualify for fee waivers when requesting records for official purposes.
For court records, the Berkeley County Clerk of Court maintains a separate fee schedule in accordance with state judicial regulations.
Does Berkeley County Have Free Public Records?
Berkeley County provides free access to certain public records in compliance with South Carolina law. Under § 30-4-30(A) of the South Carolina Freedom of Information Act, any person has the right to inspect or copy public records without charge during normal business hours, subject to reasonable rules concerning time and place.
Free public records services in Berkeley County include:
- In-person inspection of non-exempt public records during regular business hours at the appropriate county office
- Online access to certain digital records through the county website
- County Council meeting minutes and agendas available on the county's website
- Property tax information accessible through the online tax portal
- Voter registration verification through the South Carolina Election Commission
The Berkeley County website serves as a central hub for accessing many free public records. Additionally, the county provides public access computers at various county facilities, including the Berkeley County Library System branches, where residents can access online public records at no charge.
The South Carolina Department of Archives and History also maintains historical records related to Berkeley County that can be accessed free of charge through their online research portal.
While inspection of records is free, reproduction costs apply when copies are requested, as detailed in the previous section.
Who Can Request Public Records in Berkeley County?
Under § 30-4-30(A) of the South Carolina Freedom of Information Act, "any person has a right to inspect, copy, or receive an electronic transmission of any public record of a public body." This broad eligibility extends to all requestors regardless of citizenship or residency status.
Key points regarding eligibility to request public records in Berkeley County:
- Requestors do not need to be residents of Berkeley County or South Carolina
- Requestors do not need to state a purpose or reason for their request in most cases
- Requestors may remain anonymous for certain records, though providing contact information is necessary to receive requested documents
- Non-citizens and foreign entities have the same rights to access public records as U.S. citizens
For most general public records, identification is not required. However, certain sensitive records may require verification of identity, particularly when:
- Requesting one's own confidential records
- Seeking vital records such as birth or death certificates
- Accessing certain court records that may contain restricted information
- Requesting law enforcement records that contain personal identifying information
When requesting records about oneself, proper identification is typically required to protect privacy and prevent identity theft. For requests concerning another individual's records, additional documentation may be necessary to establish legal authority to access such information.
Commercial entities may request public records for business purposes, though certain bulk data requests may be subject to additional restrictions or fees under § 30-4-30(B).
What Records Are Confidential in Berkeley County?
Berkeley County maintains certain records as confidential in accordance with exemptions established under § 30-4-40 of the South Carolina Freedom of Information Act and other applicable state and federal laws. These exemptions protect privacy, security, and other important interests.
Records that are generally exempt from disclosure include:
-
Personal Privacy Information:
- Social Security numbers, driver's license numbers, and financial account information
- Medical records protected under HIPAA
- Personnel records, including performance evaluations and disciplinary actions
- Personal information in motor vehicle records (protected under the Driver's Privacy Protection Act)
-
Law Enforcement Records:
- Active criminal investigation materials
- Information that would interfere with a prospective law enforcement proceeding
- Records that would disclose law enforcement techniques
- Victim and witness identifying information
-
Court Records:
- Sealed court records and expunged criminal records
- Juvenile court records (with limited exceptions)
- Family court records involving minors
- Mental health commitment proceedings
-
Other Protected Records:
- Trade secrets and proprietary commercial information
- Attorney-client privileged communications
- Critical infrastructure security information
- Certain economic development records during negotiations
- Adoption records
- Child welfare and protective services records
Under § 30-4-40(b), if a public record contains both exempt and non-exempt information, the exempt portions may be redacted while the remainder is disclosed. The county must state the specific exemption justifying the withholding of records.
The South Carolina Law Enforcement Division maintains additional guidelines regarding confidential law enforcement records that apply to Berkeley County Sheriff's Office records.
Berkeley County Recorder's Office: Contact Information and Hours
Berkeley County Register of Deeds
1003 Highway 52
Moncks Corner, SC 29461
843-719-4084
Berkeley County Register of Deeds
Regular Office Hours:
Monday - Friday: 9:00 AM - 5:00 PM
Closed on weekends and county-observed holidays
The Berkeley County Register of Deeds serves as the official custodian of property records for the county. This office maintains and provides access to:
- Deeds and property transfers
- Mortgages and satisfactions
- Liens and lien satisfactions
- Plats and surveys
- Military discharge records (DD-214)
- Business name registrations (DBA/Fictitious Names)
- Miscellaneous land records
For court-related records, contact:
Berkeley County Clerk of Court
300 California Avenue
Moncks Corner, SC 29461
843-719-4400
Berkeley County Clerk of Court
Regular Office Hours:
Monday - Friday: 8:30 AM - 5:00 PM
Closed on weekends and county-observed holidays
For property tax and assessment records, contact:
Berkeley County Assessor's Office
1003 Highway 52
Moncks Corner, SC 29461
843-719-4061
Berkeley County Assessor
Regular Office Hours:
Monday - Friday: 9:00 AM - 5:00 PM
Closed on weekends and county-observed holidays
Lookup Public Records in Berkeley County
South Carolina Judicial Department Public Index
Charleston County Public Index Search
South Carolina Department of Archives and History Online Research