South Carolina earns a D- for its civil forfeiture laws
Standard of Proof
Low bar to forfeit: Once the government seizes property, the owner must prove by preponderance of the evidence that it is not connected to a crime.
Innocent Owner Burden
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Financial Incentive
Large profit incentive: 95% of forfeiture proceeds go to law enforcement (75% to police and 20% to prosecutors).
The letter grade reflects South Carolina’s forfeiture laws as of May 7, 2025. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden, and financial incentive language above, but we are not updating the letter grade.
Note: Prosecutors need only meet their standard of proof—and owners can only prove their innocence—if owners make it to a judicial hearing. See flow chart.
Recent Reforms
Recommendations
What happens after personal property is seized in South Carolina?
South Carolina law requires only that prosecutors institute forfeiture proceedings within a “reasonable time.” Owners must file an answer within 30 days, but all other deadlines are unspecified. However, if prosecutors fail to institute forfeiture proceedings, innocent owners can do so themselves to get the process going. While you wait, the government has your property, and you have no other way to seek its return.
*Innocent owners can institute forfeiture proceedings by applying for the return of seized property and providing notice to the government and any others with an interest in the property.
For research methods and limitations, see “How We Documented Civil Forfeiture Processes From Seizure to Hearing.”
State and Federal Forfeiture Proceeds, 2000–2023
At least $231 milion in state and federal forfeiture revenue
| Year | South Carolina Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | Unknown | $1,298,766 | $182,000 | $1,480,766 |
| 2001 | Unknown | $1,199,110 | $156,000 | $1,355,110 |
| 2002 | Unknown | $3,641,683 | $179,000 | $3,820,683 |
| 2003 | Unknown | $3,560,979 | $909,000 | $4,469,979 |
| 2004 | Unknown | $4,893,591 | $1,291,000 | $6,184,591 |
| 2005 | Unknown | $3,005,058 | $1,012,000 | $4,017,058 |
| 2006 | Unknown | $4,414,456 | $186,000 | $4,600,456 |
| 2007 | Unknown | $2,877,220 | $491,000 | $3,368,220 |
| 2008 | Unknown | $4,761,356 | $828,000 | $5,589,356 |
| 2009 | $11,252,857 | $5,400,255 | $4,410,000 | $21,063,112 |
| 2010 | $27,293,327 | $4,669,454 | $2,014,000 | $33,976,781 |
| 2011 | $10,283,445 | $6,414,020 | $397,000 | $17,094,465 |
| 2012 | $5,575,337 | $4,676,816 | $3,618,000 | $13,870,153 |
| 2013 | $8,589,587 | $5,198,224 | $2,457,000 | $16,244,811 |
| 2014 | $6,525,077 | $4,456,240 | $3,322,000 | $14,303,317 |
| 2015 | $10,233,492 | $4,280,780 | $1,413,000 | $15,927,272 |
| 2016 | $7,473,777 | $1,920,772 | $4,910,000 | $14,304,549 |
| 2017 | $5,665,498 | $1,195,492 | $1,320,000 | $8,180,990 |
| 2018 | $4,058,329 | $3,964,619 | $383,000 | $8,405,948 |
| 2019 | $2,945,550 | $1,504,895 | $364,000 | $4,814,445 |
| 2020 | $2,535,552 | $3,112,409 | $1,159,000 | $6,806,961 |
| 2021 | $3,696,701 | $1,513,114 | $1,509,000 | $6,718,815 |
| 2022 | $2,504,105 | $3,237,594 | $796,000 | $6,537,699 |
| 2023 | $3,009,191 | $3,095,792 | $1,927,000 | $8,031,983 |
| Totals | $111,641,825 | $84,292,695 | $35,233,000 | $231,167,520 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
South Carolina does not prevent state and local law enforcement agencies from using the federal equitable sharing program to circumvent state forfeiture law. Since 2000, South Carolina agencies have generated nearly $120 million in equitable sharing proceeds from the departments of Justice and the Treasury. And on average from 2019 to 2023, more than 99 South Carolina agencies, or an estimated 40% of all law enforcement agencies in the state, were certified for the program.
Forfeitures Under South Carolina Law: Key Facts
Median Value
UNKNOWN
South Carolina does not report property-level data necessary to calculate median forfeiture value.
Property Types
UNKNOWN
South Carolina does not report the types of property forfeited.
Proceeding Types
UNKNOWN
South Carolina does not report whether forfeitures are processed under civil or criminal forfeiture law.
Additional Findings
UNKNOWN
Agencies do not provide detailed data on seized or forfeited property, resulting in limited transparency into forfeiture activity in the state.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
DStatewide Forfeiture Reports
FPenalties for Failure to File a Report
Incomplete †Accounting for Forfeiture Fund Spending
FAccessibility of Forfeiture Records
CFinancial Audits of Forfeiture Accounts
A†No reporting requirements to enforce.
For full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
Reports of forfeiture fund deposits to the state general fund were obtained via public records requests to the state treasurer. Revenues are calculated estimates of statewide forfeiture revenues based on fiscal-year deposits to the general fund, which receives, by law, 5% of all forfeiture proceeds. Estimates do not account for property retained or small currency forfeitures, as only currency forfeitures over $1,000 and proceeds of property sold are required to be deposited into the general fund. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data. The number of certified agencies was computed using the approved Equitable Sharing Agreement and Certification requests submitted by police, sheriff, and other local law enforcement agencies. The percentage of certified agencies was computed using that number and the total number of agencies reported in the 2018 Census of State and Local Law Enforcement Agencies.
Legal Sources
Standard of proof: The government must show probable cause for the seizure, and the owner must show that the property is not forfeitable by a preponderance of the evidence.
S.C. Code Ann. §§ 44-53-520(b), -586(b); Pope v. Gordon, 633 S.E.2d 148, 151 (S.C. 2006).
Innocent owner burden: Owner.
S.C. Code Ann. §§ 44-53-540, -586(b); Pope v. Gordon, 633 S.E.2d 148, 151 (S.C. 2006).
Financial incentive: 95% (75% to law enforcement, 20% to prosecutors).
S.C. Code Ann. § 44-53-530(e).
Process: S.C. Code Ann. §§ 44-53-520, -530, -586 (forfeiture procedure); id. § 15-3-550 (statute of limitations).