What is PTI?
PTI is a diversion program offered in South Carolina that allows eligible defendants to complete certain requirements—such as community service, counseling, restitution, and other conditions—in exchange for having their criminal charges dismissed. Once PTI is completed successfully, participants can also apply for an expungement to remove the record of their arrest and court case from publicly available government files.
PTI is designed to give people a “second chance” without the stigma of a conviction. However, it can only be used once in a lifetime, which makes it important to decide carefully before applying.
Who Refers You to PTI?
You cannot sign yourself up for PTI. Entry into the program is only possible when you are referred by the prosecuting authority. For General Sessions level cases in Lexington, Columbia, and throughout South Carolina, referrals are made by the solicitor’s office. For cases in Magistrate or Municipal Court, a referral must come from the prosecuting officer or attorney handling the case.
This means that no matter where your case is pending, you must first secure agreement from the prosecution before you are allowed to apply. Having a lawyer involved at this stage can be critical to make sure your case is properly evaluated and that PTI is even the best course of action for you.
Who Qualifies for PTI?
PTI is typically reserved for those charged with non-violent offenses and who have little to no prior criminal history. It is not available for every type of charge. For example, PTI is not available for DUI or other traffic offenses (you can read more about that in our recent article on PTI and DUI in South Carolina).
Importantly, PTI may be an option for those charged with certain domestic violence offenses. In these cases, however, the program comes with an additional requirement: participants must complete a 28-week counseling program focused on domestic abuse intervention. This is on top of the other standard PTI conditions, such as community service and fees.
Even when PTI is an option, it may not be the best choice for everyone. Many people who are falsely accused or who have strong defenses to their charges may prefer to fight their case in court rather than enter PTI. Once you complete PTI, your case will be dismissed, but you will not have the chance to challenge the evidence against you or obtain a ruling on your innocence.
Special Considerations for Minors
Minors charged with alcohol-related offenses, such as underage possession of alcohol or having a fake ID, may want to consider an alternative program called Alcohol Education Program (AEP). AEP works in a way similar to PTI, but it allows young people to resolve alcohol cases without using up their one lifetime chance at PTI. For this reason, AEP is often a better option for those under 21.
The Application Process
Once the solicitor or prosecuting officer agrees to refer you to PTI, you will then need to apply directly to the PTI office in your county. The steps usually include:
Attending an intake interview with a PTI coordinator
Paying application and program fees
Agreeing to complete program requirements such as counseling, education classes, random drug testing, and community service
The program typically takes several months to complete. The specific requirements will depend on your charge, your history, and the policies of the local PTI office.
You cannot be forced or required to apply, enroll or complete PTI. Participation must be completely voluntarily on your part.
What Happens After PTI?
If you successfully complete all program requirements, your criminal charge is dismissed. At that point, you may apply for an expungement to clear your record of the arrest and court case. While this step is optional, we strongly recommend it. An expungement ensures that your case no longer appears in background checks or court record searches, which can make a major difference for employment, housing, and other opportunities.
If you fail to complete the program, your case is returned to court for prosecution, and you will face the original charges.
Why You Still Need a Lawyer
Even if you think PTI may be your best option, it is important to retain a lawyer if you are facing a General Sessions level offense. A lawyer can review your case, determine if PTI is appropriate, negotiate with the solicitor’s office for a referral, and make sure your rights are protected throughout the process. A careful review may also uncover defenses or other legal strategies that make challenging the charge in court the better path forward.
Final Thoughts
PTI can be a valuable tool for those charged with a crime in Lexington, Columbia, or elsewhere in South Carolina. It offers a way to resolve a case without a conviction and to later clear your record. But because it can only be used once in a lifetime, and because it may not be the right option for everyone, it is important to consult with a lawyer before making any decisions.
If you are considering PTI, or if you have been charged with a crime and want to know all of your options, call the Law Office of James R. Snell, Jr., LLC at (803) 359-3301. Same-day appointments are typically available.
Disclaimer: Every case is unique. Prior results obtained by our office do not guarantee similar outcomes in other cases.