EXPUNGEMENT OF RECORDS
An “expungement” is the sealing and destruction of criminal court records relating to an arrest or a conviction. South Carolina law allows for expungements under limited circumstances. We cannot expunge media related information, which includes newspapers, television, radio, social media, websites or information available to private background screening providers.
Because of the extensive changes in the expungement laws, we are unable to answer questions by telephone. You must submit an application online through our website here or you may visit any of the Fourth Circuit Solicitor’s office locations to submit your application online. Most applications will require fees. All fees must be paid electronically by one of the following ways:
- Online through our website at by clicking the “PAY NOW” button to be redirected to the payment site.
- In-person by credit or debit card at any of the Fourth Circuit Solicitor’s Office locations.
- Phone Payments can be made by calling 843-306-8085 and following the prompts to be connected to the payment center.
Laws regarding expungements are subject to change at any time with or without notice. This document is not a substitute for legal advice. You may consult with or hire an attorney to assist with your expungement application.
FEES FOR EXPUNGEMENT
In exchange for the expungement service that is provided by the Solicitor’s Office, the applicant is responsible for payment to the Solicitor’s Office of an administrative fee of two hundred fifty dollars ($250.00) per individual order. S.C. Code § 17-22-940(4) The two hundred fifty-dollar fee is nonrefundable, regardless of whether the offense is later determined to be statutorily ineligible for expungement or the Solicitor or his designee does not consent to the expungement.
Fee Exemption: S.C. Code § 17-22-940(B), any person who applies to the Solicitor’s Office for an expungement of general sessions charges pursuant to Section 17-1-40 is exempt from paying the administrative fee unless the charge that is the subject of the expungement request was dismissed, discharged, or nolle prossed as part of a plea arrangement under which the defendant pled guilty and was sentenced on other charges.
The Fourth Circuit Solicitor’s Office can only process expungements for charges in Chesterfield, Darlington, Dillon, and Marlboro Counties. Listed below are the sections of the South Carolina Law where records of arrests or convictions can be expunged.
Frequently Asked Questions:
- Can Probation charges be expunged? No, only your first misdemeanor is eligible if you served not more than 30 days in jail or a fine of $1,000 after 3 or 5 years from the conviction date with no other convictions.
- Can felony charges be expunged? There are in fact some felony convictions eligible for expungement. A few to name, convictions under the Youthful Offender Act (22-5-920) are eligible under certain conditions (see above), and possession with intent to distribute (22-5-920) can be eligible when the statutory requirements are met.
- Can you get more than one expungement if there are multiple charges? Yes, depending on the charges and dispositions.
- Do fees have to paid upfront? All fees have to be paid before the expungement process starts.