Who Is Eligible for Expungement in South Carolina?

A criminal record can significantly limit your life, but it doesn’t have to. About 25% of people with a criminal record in South Carolina are eligible to have it expunged.

Does that apply to you? Do you qualify for South Carolina expungement?

Let’s talk about who is eligible for expungement in South Carolina.

Who Can Get an Expungement in South Carolina?

Expungements in South Carolina are generally available if your criminal conviction is for a relatively minor misdemeanor and you are not a repeat offender. You must qualify for an expungement based on participation in a diversion program or one of several eligibility categories of offenses. South Carolina has many programs and offenses that qualify.

Note: If you were not convicted or the charges were dismissed, the charging record can be expunged.

What Is Expungement in South Carolina?

Expungement in South Carolina is a court process to make your criminal record non-public. When expungement is complete, the conviction won’t appear in a criminal background check. The state maintains a non-public record of the offense and expungement.

Which Crimes Are Eligible for Expungement?

Crimes that are eligible for the expungement process in South Carolina include:

Drug Offenses – Misdemeanor, first offense, and drug possession charges may be eligible following conditional discharge. In addition, simple possession charges may be eligible after a three-year waiting period. There is a 20-year waiting period for possession with the intent to distribute.

General Misdemeanor – Misdemeanors punishable by up to 30 days in jail and a $1,000 fine are usually eligible for expungement after a three-year waiting period. With a fraudulent check, the first offense is eligible if there are no additional convictions in one year.

No Conviction – If you were found not guilty, or if the charges against you were dismissed, you may qualify for expungement. If you participated in the Pretrial Intervention Program, your offense may qualify.

Education Program – South Carolina has multiple educational programs available for certain offenses. For example, MIP charges may be addressed through participation in an Alcohol Education Program. Minor traffic offenses may be diverted through a Traffic Education Program. After completion, the offense may qualify for expungement.

Youthful Offender/Juvenile – Cases disposed of through the Youthful Offender Act or as a juvenile may qualify. YOA cases are eligible following a five-year waiting period. The conviction must have occurred before age 25. A juvenile offender must complete their sentence and reach the age of 18 before applying.

Failure to Stop for the Police – Failing to stop for the police, first offense. This is the only traffic offense that is eligible.

Misdemeanors vs. Felonies: What Can Be Expunged?

Felonies can never be expunged in South Carolina. 30-day misdemeanors can generally be expunged along with other categories of misdemeanor offenses or offenses that were disposed of with certain treatment, such as intervention and diversion programs.

How Waiting Periods Affect Expungement Eligibility

There may be a waiting period before applying for expungement. When there is a waiting period, it generally begins when the sentence is complete. The waiting period varies by offense. For most misdemeanors, it is a few years. Waiting periods do not apply in all circumstances.

Expungement for First-Time Offenders and Youthful Offenders

Even a minor offense on your record can be a problem for employment, joining the military, and other volunteer opportunities. It might be a reason that they choose someone else over you; it can hurt you for years to come.

However, first-time offenders, youthful offenders, and juvenile offenders may qualify for expungement. Receiving an expungement can help you preserve opportunities for your future. Because the expungement process can take several months, it’s important not to wait to begin once you are eligible.

Crimes That Cannot Be Expunged in South Carolina

Crimes that cannot be expunged in South Carolina include violent offenses, like assault and battery, and felony offenses.

Most traffic offenses do not qualify under South Carolina expungement law.

Can DUI be expunged in South Carolina?

No, drunk driving is not eligible for expungement in South Carolina.

Why You Should Consult an Attorney for Expungement

Determining your Eligibility

Applying for expungement if you’re not eligible can lead to frustration and disappointment. Plus, the fees are non-refundable. Consulting with an attorney can give you correct and personalized advice about whether you qualify to have your conviction expunged.

Following the Process

There is a specific process for expungement in South Carolina. You must apply where the conviction occurred, to the solicitor’s office. The application must include fees and supporting documents; errors in these steps can result in denial or delays. Having an attorney means having an experienced professional to handle the important steps.

Clearing your Record

Ultimately, receiving an expungement can be beneficial, personally and professionally. It can recognize the work you’ve done to complete your sentence, and it can be a final measure of justice after involvement in the legal system. An attorney can make the process as simple as possible, pursuing the result that you deserve.

Talk to an Attorney

Are you eligible for expungement? You can find out today. See if you can receive an expungement and how a lawyer can help. Call or message Shealey Law Firm.

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