What Is Pretrial Intervention (PTI) in South Carolina?

A first criminal charge can put a lot at risk, including your job, professional license, and reputation. For many people charged with a nonviolent offense in South Carolina, pretrial intervention, commonly called PTI, offers a way to resolve the charge without a conviction. If you are accepted into the program and complete it, the solicitor dismisses the charge, and you can then ask the court for an order to destroy official records relating to your arrest, subject to statutory exceptions.

PTI is not automatic. The solicitor decides who is admitted, the law sets deadlines and fees, and a participant who does not follow the program rules may face prosecution of the original charge again. Understanding how the program works before you apply gives you the best chance of completing it successfully. So what is pretrial intervention in South Carolina, who qualifies, and what does it take to complete it?

Quick Answer: Pretrial intervention (PTI) is a diversion program run by the solicitor in each South Carolina judicial circuit. A person who is accepted and completes the program receives a noncriminal disposition, meaning the charge is dismissed, and may then apply to have the arrest records destroyed. PTI is generally limited to people without a significant criminal history and is not available for charges such as DUI, blackmail, or crimes of violence.

What Is Pretrial Intervention in South Carolina?

Pretrial intervention is a diversion program created by the Pretrial Intervention Act, South Carolina Code § 17-22-10 and the sections that follow it. The law requires the solicitor in each of South Carolina’s judicial circuits to establish a PTI program, and each program operates under that solicitor’s direct supervision and control. In the Charleston area, the Ninth Circuit Solicitor’s Office runs the program.

PTI aims to move appropriate offenders out of the traditional criminal justice process and into a rehabilitation-focused program. A person who successfully completes PTI receives what the law calls a “noncriminal disposition,” which South Carolina Code § 17-22-20 defines as dismissal of the charge without prejudice to the State’s ability to reinstate proceedings on the solicitor’s motion. In practical terms, successful completion ordinarily ends the case without a guilty plea, a trial, or a conviction. PTI is one of several alternatives to a criminal conviction in South Carolina.

The following table summarizes the key rules for PTI in South Carolina:

Who Qualifies for PTI in South Carolina?

Under South Carolina Code § 17-22-60, intervention is appropriate only when:

• There is a substantial likelihood that justice will be served by placing the offender in the program
• The needs of the offender and the State can be better met outside the traditional criminal justice process
• The offender poses no threat to the community
• The offender is unlikely to be involved in further criminal activity
• The offender, where treatment is required, is likely to respond quickly to it
• The offender has no significant history of prior delinquency or criminal activity
• If the offender previously completed PTI, at least twenty years have passed since that successful completion

Meeting these standards does not guarantee admission. Before admitting anyone, the solicitor, or the judge if the application is made to the court, may require information about the applicant’s criminal record, education, work history, family history, and medical or psychiatric treatment.

The law also requires that the victim, if there is one, and the law enforcement agency employing the arresting officer comment in writing on whether the applicant should be admitted, and the solicitor or judge must consider those recommendations. The solicitor generally controls admission, although the statute also permits an application to the chief administrative judge of the Court of General Sessions, subject to an eligibility determination by the PTI office.

Which Charges Are Not Eligible for PTI?

South Carolina Code § 17-22-50 provides that a person must not be considered for PTI if he or she is charged with:

• Blackmail
• Driving under the influence (DUI) or driving with an unlawful alcohol concentration (DUAC)
• A traffic offense punishable only by a fine or loss of points
• A fish, game, wildlife, or commercial fishery offense punishable by a loss of eighteen points
• A crime of violence as defined in South Carolina Code § 16-1-60
• A domestic violence offense under Chapter 25 of Title 16, if the person has a prior conviction under that chapter or for a similar offense in another jurisdiction

These exclusions do not apply if the solicitor determines that the elements of the crime do not fit the charge. Individual solicitors may also adopt their own policies about which offenses they will accept, so a charge that is not excluded by statute may still be refused.

If PTI is not available for your charge, other programs may be. Many solicitors’ offices also run programs such as the Alcohol Education Program and the Traffic Education Program, as well as specialty courts for drug, mental health, and veterans cases. A lawyer can tell you which options exist in the circuit where you were charged.

Can You Go Through PTI More Than Once?

For decades, PTI was a one-time opportunity. A person who had been accepted into PTI once could not be considered again.

That changed in 2026. Act No. 216, which the Governor signed on May 19, 2026, amended South Carolina Code §§ 17-22-50 and 17-22-60 to allow a person to participate in PTI again if at least twenty years have passed since he or she successfully completed a previous PTI program. The change took effect when the Governor signed it.

Even after a PTI record is expunged, the State Law Enforcement Division (SLED) keeps confidential identifying information about each person who applies for PTI. Solicitors use that information to determine whether an applicant has been through the program before, so you should expect a prior PTI to be discovered.

When Do You Have to Apply for PTI?

Timing matters. Under South Carolina Code § 17-22-100, you must apply to the PTI program or to the chief administrative judge of the Court of General Sessions no later than 75 days after the warrant is served, or within 10 days after counsel is appointed for the charge. The solicitor, or the chief administrative judge if the application is made directly to the judge, may waive this deadline, but you should not count on a waiver.

Waiting until your first court date to ask about PTI can cost you the opportunity. If you believe you may qualify, speak with a lawyer and contact the PTI office as soon as possible after your arrest. Our article on what to do immediately after being arrested in South Carolina discusses other early steps that can protect your case.

How Much Does PTI Cost in South Carolina?

South Carolina Code § 17-22-110 sets the program fees. An applicant must pay a nonrefundable application fee of $100 and, if accepted, a nonrefundable participation fee of $250 before admission. The combined application and participation fees cannot exceed $350.

The solicitor may waive some or all of the fees for a person who is indigent and may allow a payment plan in other situations. However, you may be required to pay for a separate treatment or rehabilitation program that the solicitor determines is needed for a problem directly related to the charge; services may not be denied because of inability to pay. Restitution to a victim and any applicable costs of expunging your record after completion are also separate from the program fees.

What Does the PTI Program Require?

Every participant signs a written agreement with the solicitor’s office. Under South Carolina Code § 17-22-120, the agreement sets out the program’s terms, how long it will last, and when the solicitor will either dismiss the charge or seek a conviction. The participant and his or her lawyer, if represented, must sign the agreement. Under South Carolina Code § 17-22-90, a participant must also agree in writing to:

• Waive the right to a speedy trial as provided by the statute
• Pause any time limits that would otherwise apply to the prosecution while in the program
• Follow the conditions of the program set by the solicitor
• Pay restitution to any victim within the time and in the amount the solicitor sets

The specific conditions depend on the circuit and the charge. They may include meeting with a PTI counselor, performing community service, completing classes or counseling, submitting to drug and alcohol testing, paying restitution, and avoiding new criminal charges. If the charge is domestic violence under South Carolina Code § 16-25-20, the participant must also agree in writing to successfully complete an approved batterer’s treatment program. The program length also varies based on the charge and the conditions in your agreement.

Do You Have to Admit Guilt to Get into PTI?

No. South Carolina Code § 17-22-90 provides that a written admission of guilt may not be required before a person is accepted into or completes PTI.

The same statute addresses what you say during the program. Records of your participation and information obtained through PTI are not admissible as evidence in later criminal or civil proceedings. Communications between you and your PTI counselor are privileged unless a court finds a compelling public interest in disclosing them.

What Happens If You Do Not Complete PTI?

If you violate the conditions of your agreement, South Carolina Code § 17-22-150 allows the solicitor to terminate your participation. When you are removed for a violation, your statutory waiver becomes void, and the solicitor resumes prosecution of the pending charge. Because program fees are nonrefundable, you will also lose the money you paid.

Missed appointments, failed drug tests, unpaid restitution, and new arrests may lead to termination under your program agreement. If something prevents you from meeting a requirement, contact your PTI counselor and your lawyer right away rather than waiting for the program to act.

What Happens After You Complete PTI?

When you successfully complete PTI, the solicitor must effect a noncriminal disposition of the charge. You may then apply to the court for an order to destroy official records relating to the arrest, subject to statutory exceptions for records and information that may be retained. Under South Carolina Code § 17-22-150, the order restores you, in the eyes of the law, to the status you held before the arrest, and, once the order is entered, you cannot be held guilty of perjury or giving a false statement for failing to acknowledge the arrest when asked about it.

Expungement is a separate step, and it does not happen automatically. Private background check companies may also have collected your arrest information before the expungement order was entered, so you should confirm that your record has been cleared from their reports as well. We discuss the process further in our article on expungement in South Carolina.

Many first-time shoplifting charges can be resolved through PTI. Our article on the penalties for shoplifting in South Carolina explains how PTI and expungement apply to those charges.

How Can a Lawyer Help with PTI?

Because admission to PTI is at the solicitor’s discretion, how you present your application can make a difference. A lawyer can review your charge and history to determine whether you qualify, make sure the application is filed before the deadline, and gather materials such as proof of employment or school enrollment, letters of support, and records of any treatment you have already begun. A lawyer can also respond to concerns raised by a victim or the arresting agency.

PTI is not always the best path. If the evidence against you is weak, you may be better served by challenging the charge than by paying for and completing a program. A lawyer can help you weigh PTI against the other ways your case could be resolved.

The attorneys at Futeral & Nelson have defended clients charged with crimes in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. If you have been charged with a crime and want to know whether pretrial intervention is available to you, contact our Charleston criminal defense lawyers at 843-284-5500 to discuss your charge, your deadlines, and your options.