How do I get an expungement of records?
- You must complete an Application for an Expungement
- Once it is determined that the charges may be expunged, you may have to pay the $310 fee by money order only.
What if my charges cannot be expunged and I have already paid the fee?
All fees must be paid with a MONEY ORDER ONLY and are NON-REFUNDABLE.
How does the process work?
Once the Solicitor’s Office receives your Request for Expungement, a background check is done. These reports allow our office to verify the charges, the dispositions and charges that can be expunged. When that report is complete, you will be notified if you need to send a money order for $310.
Upon receipt of your Money Order, the actual order for Expungement is completed and sent for the appropriate signatures. The Solicitor’s Office files the Expungement with the Clerk of Court, and you are provided a copy of the filing once it is complete. It is your responsibility and very important that you keep your certified and filed Order for Destruction of Arrest Records for your own records forever.
What are the South Carolina Code of Laws in which my charges may be expunged?
17-1-40. The charge was dismissed, nolle prossed or the defendant was found not guilty.
17-22-150(a). The charge was dismissed by the solicitor because the defendant successfully completed the Pretrial Intervention Program(PTI).
17-22-530(A). The defendant successfully completed the Alcohol Education Program.
34-11-90(e) The defendant was convicted of a first offense misdemeanor under the fraudulent Check Law with no additional criminal conviction as defined by 34-11-90(e) has taken place in one year from the conviction date.
44-53-450(b). The defendant was charged with a first offense relating to marijuana or other controlled substances, and successfully completed all terms and received a conditional discharge as set forth by the court.
22-5-910. The defendant was convicted of a first offense in a magistrate, municipal or general sessions court carrying a penalty of not more than 30 days or $1,000 fine, that offense did not involve an offense involving the operation of a motor vehicle, and no additional criminal conviction as defined by 22-5-910 has taken place within three years from date of conviction or five years from date of conviction for Criminal Domestic Violence.
22-5-920. The defendant was convicted of a first offense as a youthful offender; that offense did not involve the exceptions enumerated in 22-5-920, and no additional criminal conviction as defined by 22-5-920 has taken place during a five-year period following completion of his sentence, including probation and parole as a youthful offender.
56-5-750(F). The defendant was convicted of a misdemeanor first offense failure to stop motor vehicle and no additional criminal conviction has taken place for three years after completion of sentence.
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? No, unless the felony charge was nolle pross, not guilty or dismissed. 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 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.