SC Pretrial Intervention — First-Offense Dismissal Pathway (§§ 17-22-10 ff.)

Last verified: May 2026

Statutory Framework

South Carolina’s Pretrial Intervention statute, §§ 17-22-10 through 17-22-160, was enacted to provide a structured diversion alternative for non-violent offenders who would otherwise enter the criminal-court adjudication process. The program is administered by each of the state’s 16 circuit solicitors’ offices, with each office maintaining its own PTI staff, eligibility-screening criteria, fee structures, and completion requirements. The basic statutory framework is uniform statewide, but operational practice varies meaningfully from circuit to circuit. PTI is not a court program; it is a prosecutorial program. The decision to admit a defendant to PTI is, in the first instance, the circuit solicitor’s. Successful completion produces a dismissal recommendation, which the trial court ordinarily accepts. See possession penalties page.

Eligibility Criteria

PTI eligibility is governed by § 17-22-50 and circuit-level supplemental criteria. The principal eligibility requirements:

• First-offense status. The defendant must not have a prior criminal conviction that would bar PTI eligibility. Prior PTI completion typically bars second-time PTI admission; circuits vary on whether a prior PTI completion forever forecloses admission.
• Charge type. Simple possession of marijuana (≤1 oz, first offense) is among the most commonly admitted offense categories. PWID, trafficking, and DUI charges are typically not PTI-eligible.
• No pending offense bar. The defendant must not have any pending criminal charges that would categorically bar admission.
• Victim consent (where applicable). For offenses with an identifiable victim, victim consent or input is part of the screening process. For simple-possession marijuana cases, this element is typically not engaged.
• Solicitor discretion. Even when statutory criteria are met, the circuit solicitor retains discretion to deny admission. Reasons for denial include the specific facts of the offense, the defendant’s overall record, and circuit-level capacity constraints.

Program Components

PTI completion typically requires a combination of:

• Program fee. Each circuit charges a PTI fee, typically several hundred dollars, paid in installments. Fee waivers for indigent defendants are available in most circuits.
• Drug testing. Random drug testing is a standard component of PTI for any drug-related offense. A positive test during the program is grounds for termination.
• Substance-use education or treatment. Where indicated, program participants must complete an approved substance-use education program (often the Alcohol and Drug Safety Action Program, ADSAP) or treatment course. The treatment component is typically scaled to the defendant’s assessed needs.
• Community service. Many circuits require a community-service component (often 24–40 hours).
• Compliance period. A clean compliance period — typically 6 to 12 months — without new charges, drug-test positives, or program-rule violations.
• Restitution. Where applicable. For simple-possession cases, this is typically not engaged.

Successful Completion: The Dismissal

Upon successful completion, the circuit solicitor recommends dismissal of the underlying charge. The trial court ordinarily accepts the recommendation, and the case is dismissed with prejudice. The defendant’s arrest record is then eligible for expungement under S.C. Code § 17-22-150, on petition. Expungement seals the arrest record from public databases and removes it from most background checks (federal-employer and law-enforcement-internal databases may retain access). The combined PTI-completion plus expungement package produces a clean public record on the underlying offense — the principal practical benefit relative to a conviction. Critically, successful PTI completion avoids the § 56-1-286 mandatory six-month driver’s license suspension that attaches on any marijuana-related conviction. See license suspension page.

Program Failure: Termination and Prosecution

Failure to complete PTI — whether through new charges, drug-test positives, fee non-payment, or non-compliance with program rules — results in termination from the program and resumption of the underlying prosecution. The prosecution proceeds on the original charge as if PTI had not been attempted. The defendant retains the right to plea-negotiate or proceed to trial; the PTI termination does not generate independent adverse evidence (PTI participation is generally inadmissible at trial).

The Charleston County (Ninth Circuit) Posture

Charleston County (Ninth Circuit) Solicitor Scarlett Wilson (R), elected in 2006 and re-elected in 2024, has publicly emphasized that simple possession of marijuana "dropped dramatically and is no longer the most frequently occurring charge booked" in her circuit. Wilson has not announced a categorical non-prosecution policy — her office continues to prosecute simple-possession cases when the underlying facts and the defendant’s record warrant — but her diversion-emphasizing posture has made the Ninth Circuit a relatively favorable PTI environment for first-offense defendants. See Charleston city page.

The Richland County (Fifth Circuit) Posture

Richland County (Fifth Circuit) Solicitor Byron Gipson (D) emphasizes diversion and pretrial-intervention referrals for simple-possession cases. Gipson’s posture aligns with reform-coalition expectations for a Democratic-circuit solicitor. The Fifth Circuit’s PTI program handles a substantial volume of simple-possession marijuana cases and is widely regarded as one of the most reform-friendly PTI environments in the state. See Columbia city page.

Variation Across Circuits

The 16 SC circuit solicitors’ offices vary substantially in PTI admission criteria, fee structures, and operational practice. Defense counsel routinely advise that circuit-of-arrest matters meaningfully for PTI eligibility and outcome. Some Upstate circuits have historically applied more conservative PTI criteria; some Lowcountry and Midlands circuits have applied broader criteria. The variation is one of the principal reasons for the racial-disparity patterns documented by the ACLU 2020 report — PTI access is uneven, and the unevenness correlates with broader patterns of policing and prosecution.

What PTI Is Not

PTI is a meaningful diversion mechanism, but it is not a substitute for statewide decriminalization. Important limitations:

• Arrest still occurs. The defendant is arrested, transported, booked, photographed, and fingerprinted before PTI is offered. The arrest record exists from the moment of booking; expungement comes only after PTI completion.
• Pre-completion record consequences. During the PTI participation period (often 6–12 months), the underlying charge is pending. Many background-check systems flag pending charges. Employers, landlords, and licensing boards may make adverse decisions during this window.
• Fees and time. PTI completion typically costs several hundred dollars and consumes 6–12 months of compliance. For low-income defendants, the fee burden can be substantial.
• Discretionary admission. PTI admission is not a right. The circuit solicitor can deny admission for any non-discriminatory reason.
• One-shot resource. PTI is generally a one-time program in any given circuit. A defendant who completes PTI for one offense typically cannot return to PTI for a subsequent offense in the same circuit.
• Federal-employer separate track. Federal-employer drug-testing rules operate independently of state criminal-court outcomes. A defendant who successfully completes PTI and obtains an expungement may still face federal-employer adverse action on a positive drug test. See federal installations.

Other Diversion Pathways

Beyond PTI, several alternative diversion pathways are available in specific contexts:

• Conditional Discharge under § 44-53-450 — available to first-offense controlled-substance defendants on a guilty plea, with discharge upon successful probation. Less favorable than PTI because the conviction enters before discharge.
• Drug Court — circuit-level specialty courts available in some circuits for substance-use-driven offenses. Drug Court is more intensive than PTI and typically reserved for defendants with substantial substance-use issues.
• Youthful Offender Act under §§ 24-19-10 ff. — for defendants under 25 at the time of the offense, with sentencing and parole alternatives.
• Veterans Treatment Court — specialty docket for service-connected veteran defendants. Given South Carolina’s federal-installation footprint (Joint Base Charleston, MCRD Parris Island, Fort Jackson, Shaw AFB, MCAS Beaufort), VTC eligibility can be a meaningful alternative for veteran defendants.

Practical Guidance

• If charged with simple possession: contact a South Carolina criminal-defense attorney before discussing the underlying facts with law enforcement. Counsel can assess PTI eligibility and negotiate referral.
• If a first-offense defendant: PTI is typically the best available outcome. Successful completion produces dismissal and expungement eligibility; the § 56-1-286 collateral license suspension is avoided.
• If a federal-employee or federal-contractor defendant: PTI does not protect against federal-employer adverse action on a positive drug test. Federal employment outcomes are separate from state criminal-court outcomes.
• If a non-citizen defendant: even a PTI participation can have immigration consequences in some circumstances. Specialist immigration-and-criminal-law counsel should be consulted before PTI admission.
• If facing a PWID, trafficking, or DUI charge: PTI is typically not available. Different defense strategies apply. See PWID page.