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The process of criminal record expungement in South Carolina can result in removal of a criminal charge or conviction from public record.
Understanding the process can help you know what to expect during criminal record expungement.
Understanding the South Carolina Criminal Record Expungement Process
- South Carolina practices expungement. If your offense qualifies, and you complete the process, you can get an expungement.
- Not all convictions qualify for expungement; if you don’t qualify, it won’t be granted.
- To receive an expungement, you must apply for it. In most cases, the application is made to the appropriate Solicitor’s Office, not directly to the court.
- You must provide supporting documentation. (Required documents may vary.)
- There are fees to pay.
- After applying, you wait for a court order, and officials will review your eligibility.
- Once the court approves, officials will amend your public record.
- A non-public record will still exist, but it won’t appear in a background check.
If you qualify, criminal record expungement can be a great thing. It can help you professionally, and with opportunities like volunteering and community leadership. It recognizes the work you’ve done in rehabilitation, and that you have met the requirements.
To receive an expungement, you must follow the process correctly. An attorney can take care of everything needed for you to receive your expungement.
What Is Criminal Record Expungement in South Carolina?
Criminal record expungement in South Carolina is a court order making a criminal record non-public. The conviction no longer appears in public records, but a non-public record still exists.
If there is still a non-public record, why get an expungement?
An expungement prevents a criminal record from showing up in a background check. This can help in any way that a criminal record may hurt you, like in employment, volunteering and professional licensing. It can restore your public reputation, which may be important if you seek leadership positions in your community.
Who Is Eligible for Expungement in South Carolina?
Who is eligible for expungement in South Carolina depends on the charge and the status of the charge. You may be eligible if the criminal offense:
- Was dismissed or did not result in an indictment.
- Resulted in a verdict of not guilty.
- Was resolved with successful completion of the Pretrial Intervention Program (PTI).
- Included participation in an Alcohol Education Program (AEP) or Traffic Education Program (TEP).
- Is drug related, including meeting the requirements for conditional discharge.
- Is for writing a bad check, if you meet certain conditions.
- Carries a maximum penalty of up to 30 days and a $1,000 fine.
- Involved domestic violence, first offense, with no other convictions within five years.
- Falls under the Youth Offender Act (YOA).
- Was processed as a juvenile offense.
- Was for failing to stop when pulled over by a law enforcement officer.
Types of Criminal Records that can be Expunged
There are many types of cases that can be expunged. What they have in common is that they are relatively minor offenses or first-time offenses, and completing treatment or rehabilitation is often required. Many of the convictions have requirements that are specific to the offense.
How to Get your Criminal Record Expunged in South Carolina
To get your criminal record expunged in South Carolina, you must:
- Qualify
- Pay the required fees
- Apply for the expungement to the Solicitor’s Office where the charges were brought
- Provide supporting documentation
Supporting documentation typically includes a certified copy of the case disposition and a copy of your government-issued photo ID.
Note: For non-convictions from Magistrate or Municipal Court, there is a different process than for all other types of cases. You’ll apply directly to the court, and there is no fee. There are some types of Magistrate and Municipal Court charges that the courts are not required to expunge.
How Long Does the Expungement Process Take in South Carolina?
The expungement process can take up to two months in South Carolina. Making sure that your application is complete and accurate can ensure that the process goes as quickly as possible.
Fees and Costs Associated with Expunging a Criminal Record
There are three required fees for criminal record expungement in South Carolina.
- $250.00 to the Solicitor’s office
- $25.00 to SLED
- $35.00 to the court
Each fee must be paid to a different unit, including the Solicitor’s Office, South Carolina Law Enforcement Division (SLED), and Clerk of Court. Fees do not apply if the charges are dismissed by the Solicitor or if prosecution was declined.
You’ll want to make sure that your updated record is accurate. There is a $25.00 fee to get a copy of your new record from SLED.
What Criminal Records Cannot Be Expunged in South Carolina?
Most traffic offenses cannot be expunged in South Carolina, including driving under the influence (DUI). In addition, violent offenses, serious crimes, and repeat offenses are ineligible for expungement.
Do You Need a Lawyer for the Expungement Process?
Having a lawyer for expungement can help you avoid mistakes that delay the process. Your lawyer can evaluate your situation, provide legal advice and represent you.
Contact
At Shealey Law Firm, we are lawyers for criminal record expungement. Call or message us now.