A criminal charge does not have to follow you for the rest of your life. The South Carolina Legislature created a path around a permanent record through the Pretrial Intervention Act, and many first-time offenders qualify if they meet the requirements. That path is called Pretrial Intervention, or PTI. You may also see it written as Pre-Trial Intervention.
PTI is not automatic, and it is not available for every criminal charge. Whether you can apply, and whether the solicitor will accept you, depends on the facts of your case and your criminal history.
If you were arrested in Greenville, Columbia, Anderson, or the surrounding areas, our criminal defense team at Touma Law Group can walk through your options with you and help you build the strongest possible application. Call us for a free consultation before your PTI application deadline passes.
What Pretrial Intervention Actually Does for Your Case
Pretrial Intervention, sometimes called the pretrial intervention program, is a diversion program run through the circuit solicitor’s office instead of the county court that would normally hear your case.
In short, PTI:
- Pauses criminal prosecution while you complete a set of requirements chosen by the solicitor’s office
- Ends in a noncriminal disposition of your charge if you finish successfully, meaning your case closes without a conviction
- Opens the door to expungement, so you can apply to have the arrest destroyed from your record
PTI exists because the criminal justice system recognizes that not every criminal charge needs a full criminal prosecution to serve justice. For first-time criminal offenders with no meaningful criminal history, rehabilitative treatment and accountability can do more good than a permanent record.
Who Can Apply for South Carolina’s Pretrial Intervention Program
The Pretrial Intervention Act sets the eligibility rules for the pretrial intervention program, but circuit solicitors still have the final say, and PTI can cover a range of criminal charges depending on the facts. Generally, PTI works best for people facing a first criminal charge in General Sessions Court, with no history of prior diversion and no threat to public safety.
| Often eligible | Usually excluded |
|---|---|
| First time offenders with no prior PTI or diversion history | Anyone who already completed a PTI or similar program before (it is a one time opportunity) |
| Nonviolent charges such as certain theft, fraud, simple drug possession, or Fake ID Violations | Driving Under the Influence charges |
| Cases where the solicitor sees no significant threat to the community | Crimes of violence |
| Charges heard in General Sessions Court | Certain drug offenses with prior convictions, and some traffic or fish and game violations |
Every solicitor’s office reviews applications differently, and law enforcement and any victims involved get a chance to weigh in before a decision is made. A criminal arrest alone does not disqualify you, but the type of criminal charge you face matters a great deal.
What PTI Costs: Application Fee, Participation Fee, and Beyond
These fees are statutorily mandated, so the solicitor’s office cannot charge more than State law allows for PTI, whether you hear it called the application fee, the participation fee, or simply the program fee. The numbers below come directly from the Pretrial Intervention Act.
| Fee | Amount | When It’s Due |
|---|---|---|
| Application fee | $100, nonrefundable | When you submit your PTI application |
| Participation fee | $250, nonrefundable | If the solicitor accepts you into the program |
| Expungement fee (solicitor’s office) | $250 | After you finish PTI and request expungement |
| Expungement fee (clerk of court) | $35 | Filed along with the court order to destroy your record |
If you truly cannot afford the application or participation fee, the solicitor can waive it partially or fully for indigency, or set up a payment schedule. If your program requires an outside service, like a counseling program, no one can turn you away from that service just because you cannot pay for it, though you may still owe for it.
What Happens Once You Are Accepted into PTI
Once the solicitor’s office approves your application, you will usually be assigned a case manager or Pretrial Intervention Coordinator who tracks your progress. Requirements vary case by case, but commonly include:
- Regular check-ins with your case manager
- Community service work, often a set number of hours
- Random drug testing or scheduled drug screens
- Drug treatment or an alcohol/drug education program, if the charge involved substance use
- Court observation, where you sit in on criminal proceedings to see how the system works
- Restitution, if your charge involved a financial loss to a victim
PTI programs typically run a minimum of 90 days, though more complex cases can take longer. Missing requirements, picking up a new criminal charge, or failing a drug test can get you removed from the program and sent back toward criminal prosecution on the original charge.
How PTI Ends: Noncriminal Disposition and Clearing Your Record
Finishing every requirement is only half the process. Once you complete PTI, your case moves through two more steps before it is truly behind you:
- Noncriminal disposition. The solicitor’s office ends your charge without a conviction, and it stops moving through the criminal court system entirely.
- Expungement. You request the paperwork to expunge your arrest record and file it with the clerk of court. Once a court order grants it, you are restored to the position you were in before the arrest, at least on paper. Most employers and background check services will no longer see the charge.
This is one of the biggest reasons defense attorneys push hard for PTI when a client qualifies. A dismissal after trial still leaves an arrest on your record unless you separately pursue expungement. PTI builds that path in from the start.
Why DUI Charges Don’t Go Through PTI in South Carolina
Here is a distinction that trips a lot of people up: South Carolina law specifically excludes Driving Under the Influence charges from standard Pretrial Intervention. If PTI is off the table, that does not mean you have no options.
DUI cases in South Carolina run through their own system entirely.
That system often involves the Office of Alcohol Education Program Coordinator at the solicitor’s office, along with programs like the Alcohol and Drug Safety Action Program. Many DUI cases route through an alcohol education program instead of PTI, since that path focuses on alcohol and drug treatment rather than the general PTI framework, and it carries its own eligibility rules and consequences for your driver’s license.
If you were arrested for DUI, read our breakdown of DUI penalties in South Carolina and how long a DUI stays on your record to understand what you are actually facing.
Other South Carolina Diversion Options Beyond PTI
PTI is the best-known diversion program in South Carolina, but it is not the only one. Depending on your age, charge, and court, you might instead encounter:
- Juvenile arbitration, for younger offenders facing certain charges outside the adult criminal justice system
- Drug courts, which combine court supervision with structured drug treatment for people with substance dependency driving their criminal activity
- Municipal Court or magistrate diversion, including traffic education programs, for lower-level or traffic-related offenses that never reach General Sessions Court
A defense attorney familiar with your local solicitor’s office, Municipal Court Judge, and magistrate court can tell you quickly which of these programs actually applies to your charge.
What to Do After an Arrest If You Want to Be Considered for PTI
Timing matters. Under South Carolina law, you generally must apply for PTI no later than 75 days after you are served with your arrest warrant, or within 10 days of getting an attorney appointed, whichever applies to your case. Miss that window and the solicitor’s office may not consider you at all.
A few practical steps can help your application:
- Gather identification. Most applications ask for a photo ID, your driver’s license, and your Social Security card, since the office will need your Social Security number to run your background check through the South Carolina Law Enforcement Division.
- Get your paperwork from the arresting law enforcement agency, including the arrest warrant and any incident report.
- Talk to a defense attorney before you submit anything. The solicitor’s office follows its own administrative procedures for reviewing applications, and a defense attorney who works with that office regularly can flag issues before they cost you your spot in the program.
- Ask about a court order or hearing date so you know your deadline exactly, not just approximately.
Deciding Whether PTI Is the Right Move for Your Charge
Not every case belongs in PTI, even when someone technically qualifies. Sometimes the stronger move is fighting the criminal charge outright, especially if the evidence against you is weak. Other times, PTI is genuinely the fastest, cleanest way to protect your future.
That decision should not rest on a guess. Our criminal law attorneys at Touma Law Group review the facts of your arrest, your record, and the solicitor’s typical practices in your county before recommending a direction. We built this firm on military discipline and a fight for our clients, and that includes being honest with you about which path actually serves your case.
If you are facing a criminal charge anywhere in South Carolina and want to know whether Pretrial Intervention is realistic for your case, reach out to Touma Law Group today. Call (864) 618-2323 to schedule a free case review and find out what your options actually look like.
Frequently Asked Questions
Completing PTI leads to a noncriminal disposition, but the arrest itself will not automatically disappear from public record. You need to separately apply for expungement and pay the associated expungement fee, to have the record destroyed.
No. South Carolina treats PTI as a one-time opportunity. If you already completed a PTI or similar diversion program in the past, you generally cannot use it again for a new criminal charge.
The circuit solicitor’s office decides, not a judge. The solicitor reviews your application, your criminal history, and input from law enforcement and any victims before approving or denying you.
Standard PTI under the Pretrial Intervention Act applies to charges in General Sessions Court. Municipal Court and magistrate court handle many traffic-related offenses and lesser charges through their own local procedures, which are separate from circuit solicitor PTI.
The solicitor can waive the fee partially or completely for indigency, or set up a payment plan in other situations. Ask about this directly when you submit your application.
