Berkeley County Public Records
What Are Public Records in Berkeley County?
Public records in Berkeley County, South Carolina, are defined under the South Carolina Freedom of Information Act as all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. This definition encompasses a broad range of documents created or maintained by county government offices in the course of official business.
Members of the public may access the following categories of records maintained by Berkeley County agencies:
- Court records — Civil, criminal, probate, and family court filings maintained by the Berkeley County Clerk of Court
- Property records — Deeds, mortgages, liens, plats, and recorded instruments held by the Register of Deeds
- Vital records — Birth and death certificates issued through the South Carolina Department of Health and Environmental Control (DHEC); marriage licenses issued by the Probate Court
- Business records — Business licenses, permits, and registrations maintained by the Berkeley County Business License Division
- Tax records — Property tax bills, assessment records, and payment histories maintained by the Berkeley County Auditor and Treasurer
- Voting and election records — Voter registration data and election results maintained by the Berkeley County Voter Registration and Elections Office
- Meeting minutes and agendas — County Council meeting minutes, agendas, and supporting documents posted by the Berkeley County Clerk to Council
- Budget and financial documents — Annual budgets, audit reports, and expenditure records maintained by the Berkeley County Finance Department
- Law enforcement records — Arrest logs and incident reports available through the Berkeley County Sheriff's Office, subject to applicable exemptions
- Land use and zoning records — Zoning maps, permits, and planning documents maintained by the Berkeley County Planning Department
Is Berkeley County an Open Records County?
Berkeley County fully complies with South Carolina's open records framework, which establishes a strong presumption in favor of public access to government documents. Under § 30-4-20 of the South Carolina Code of Laws, it is declared to be the public policy of South Carolina that public bodies shall not conduct their affairs in secret and that the citizens of this state are entitled to learn of and have access to information about the affairs of government. This foundational provision applies to all county offices, boards, commissions, and agencies operating within Berkeley County.
Key provisions of the South Carolina Freedom of Information Act relevant to Berkeley County residents include:
- Public bodies must respond to written records requests within ten business days, either by providing the records, denying the request in writing with stated reasons, or notifying the requester that additional time is needed
- Agencies may not require requesters to state a reason for seeking public records in most circumstances
- Berkeley County maintains a general public records policy consistent with state law, and individual departments may have supplemental procedures for processing requests
The county's compliance with state sunshine laws extends to public meetings as well. Under § 30-4-60, all meetings of public bodies at which official actions are taken must be open to the public, with limited exceptions for executive sessions.
How to Find Public Records in Berkeley County in 2026
Locating public records in Berkeley County involves identifying the appropriate custodial office and submitting a request through the correct channel. The following steps outline the standard process:
- Identify the record type and custodial office — Determine which county department maintains the record being sought. Property records are held by the Register of Deeds; court records by the Clerk of Court; vital records by DHEC or the Probate Court.
- Search online portals first — Many Berkeley County records are available through the Berkeley County government website, including property search tools, meeting minutes, and budget documents.
- Submit a written FOIA request — For records not available online, submit a written request to the appropriate department. Requests should identify the records sought with reasonable specificity, including date ranges, names, or document types where known.
- Use in-person inspection — Members of the public may inspect records in person at the relevant county office during normal business hours without charge.
- Request certified copies when needed — For legal purposes, certified copies of deeds, court orders, or vital records may be requested for an additional fee.
- Follow up within the statutory timeframe — If no response is received within ten business days, requesters may follow up in writing or consult the county attorney's office regarding compliance.
How Much Does It Cost to Get Public Records in Berkeley County?
Current fees for public records in Berkeley County vary by record type and the office providing the documents. Standard fees applicable across most county departments include:
- Paper copies — Generally $0.25 per page for standard letter or legal-size documents
- Certified copies — Fees vary by office; the Register of Deeds currently charges per-page recording and copy fees established by state statute
- Deed copies — Typically $0.50 per page for copies of recorded instruments from the Register of Deeds
- Vital records — Birth and death certificates issued through DHEC carry a standard fee of $12.00 for the first copy and $3.00 for each additional copy requested at the same time
- Court records — The Clerk of Court charges fees for certified copies of court documents as set by the South Carolina Supreme Court schedule
Under § 30-4-30 of the South Carolina Code of Laws, fees charged for copies of public records may not exceed the actual cost of searching for and making copies of the records. Agencies may not charge fees designed to discourage access. Accepted payment methods at most Berkeley County offices include cash, check, money order, and credit or debit card, though accepted methods may vary by department. Fee waiver provisions may apply for indigent requesters or nonprofit organizations upon written request and demonstration of eligibility.
Does Berkeley County Have Free Public Records?
Free inspection of public records is available to all members of the public at Berkeley County government offices during regular business hours. South Carolina law does not permit agencies to charge for the mere inspection of records; fees apply only when copies are requested. The following free resources are currently available:
- Online property search — The Berkeley County Assessor's Office provides a free online property search tool through the county website, allowing users to look up ownership, assessed values, and parcel information
- Online GIS mapping — Berkeley County's geographic information system portal offers free access to parcel maps, zoning layers, and land use data
- Meeting minutes and agendas — Current and archived County Council meeting minutes and agendas are posted at no charge on the Berkeley County government website
- Court records index — Basic case index information for Berkeley County courts is accessible through the South Carolina Judicial Department's online portal at no cost
- Voter registration lookup — The Berkeley County Voter Registration and Elections Office provides free access to voter registration status verification
Who Can Request Public Records in Berkeley County?
Any person may request public records from Berkeley County government offices under current South Carolina law. The Freedom of Information Act does not restrict access based on residency, citizenship, or stated purpose. Specific eligibility provisions include:
- No residency requirement — Non-residents of Berkeley County and South Carolina retain the same right of access as county residents
- No identification required — Requesters are generally not required to present identification to inspect or request copies of public records
- No purpose required — Agencies may not require requesters to explain why they are seeking records as a condition of access, except in limited circumstances involving certain sensitive record categories
- Requesting your own records — Individuals seeking records about themselves, such as criminal history or personnel files, may be subject to identity verification requirements to protect third-party privacy interests
- Restrictions for specific record types — Certain records, including adoption files, juvenile court records, and sealed court documents, are restricted by statute regardless of who is requesting them
Non-residents and out-of-state requesters may submit written FOIA requests by mail or email to the appropriate Berkeley County department and are entitled to the same response timelines as local residents.
What Records Are Confidential in Berkeley County?
Certain categories of records are exempt from public disclosure under South Carolina law and are not available for inspection or copying. The South Carolina Freedom of Information Act at § 30-4-40 enumerates specific exemptions that apply to Berkeley County agencies. Confidential and exempt records currently include:
- Sealed court records — Documents sealed by judicial order are not accessible to the general public
- Juvenile records — Records pertaining to minors involved in family court or juvenile justice proceedings are confidential under state law
- Ongoing investigation records — Law enforcement records compiled in connection with active criminal investigations are exempt to the extent disclosure would harm the investigation
- Personal identifying information — Social Security numbers, financial account data, and similar personally identifiable information are redacted from disclosed records
- Medical records — Health information protected under HIPAA and state medical privacy laws is not subject to public disclosure
- Adoption records — Adoption files are sealed by statute and accessible only through court order or specific statutory procedures
- Child welfare records — Records of the Department of Social Services relating to child protective services investigations are confidential
- Personnel records — Employee personnel files are exempt with limited exceptions, such as the names, titles, and compensation of public employees
- Trade secrets and proprietary business information — Commercially sensitive information submitted to the county in connection with permits or contracts may be withheld
- Security plans and infrastructure details — Documents describing vulnerabilities in critical infrastructure or security systems are exempt from disclosure
When a record contains both exempt and non-exempt information, Berkeley County agencies are required to redact the exempt portions and release the remainder of the document.
Berkeley County Recorder's Office: Contact Information and Hours
The Berkeley County Register of Deeds serves as the principal repository for recorded land records, including deeds, mortgages, plats, and liens. The office also maintains UCC filings and other instruments affecting real property within the county.
Berkeley County Register of Deeds 223 N. Live Oak Drive, Moncks Corner, SC 29461 (843) 719-4095 Berkeley County Register of Deeds
Public counter hours are Monday through Friday, 8:30 a.m. to 5:00 p.m., excluding official county holidays.
Berkeley County Clerk of Court 300 California Avenue, Moncks Corner, SC 29461 (843) 719-4400 Berkeley County Clerk of Court
Berkeley County Probate Court 300 California Avenue, Moncks Corner, SC 29461 (843) 719-4527 Berkeley County Probate Court
Berkeley County Assessor's Office 223 N. Live Oak Drive, Moncks Corner, SC 29461 (843) 719-4061 Berkeley County Assessor
Berkeley County Sheriff's Office 300 California Avenue, Moncks Corner, SC 29461 (843) 719-4400 Berkeley County Sheriff's Office
Berkeley County Voter Registration and Elections 223 N. Live Oak Drive, Suite 117, Moncks Corner, SC 29461 (843) 719-4056 Berkeley County Voter Registration and Elections