EXPUNGEMENT OF RECORDS

EXPUNGEMENT APPLICATION

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:

  1. Online through our website at by clicking the “PAY NOW” button to be redirected to the payment site.
  2. In-person by credit or debit card at any of the Fourth Circuit Solicitor’s Office locations.
  3. 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.

S.C. Code of Laws § 17-1-40, did not have a plea agreement where the defendant pled guilty to other charges or did not complete a diversion program or conditional discharge. Charge(s) was dismissed or was found not guilty.
Fees: Free

Charge(s) was dismissed because you pled guilty to other charges.
Fees: $250.00 (Solicitor’s Office)

*The summary courts (Magistrate and Municipal) are responsible for expunging the records of all criminal cases disposed in those courts in which the charge was dismissed or found not guilty at trial. You will need to contact the individual courts to determine their expungement application procedures.

S.C. Code of Laws § 17-22-150, the defendant successfully completed the Pre-Trial Intervention Program. Cannot have an expungement under this section more than once in a lifetime.
Fees: $285.00 (Solicitor’s Office – $250, Clerk of Court – $35)

S.C. Code of Laws §17-22-330, the defendant successfully completed the Traffic Education Program. Cannot have an expungement under this section more than once in a lifetime.
Fees: $285.00 (Solicitor’s Office – $250, Clerk of Court – $35)

S.C. Code of Laws §17-22-530, the defendant successfully completed the Alcohol Education Program. Cannot have an expungement under this section more than once in a lifetime.
Fees: $285.00 (Solicitor’s Office – $250, Clerk of Court – $35)

S.C. Code of Laws § 34-11-90(e), the defendant was convicted of a first offense misdemeanor under the Fraudulent Check Law and no additional criminal convictions have taken place in one (1) year from the date of conviction. Cannot have an expungement under this section more than once in a lifetime.
Fees: $310.00 (Solicitor’s Office – $250, Clerk of Court – $35, SLED – $25)

S.C. Code of Laws § 44-53-450(b), the defendant was charged with first offense simple possession of marijuana, or stimulant, depressant, or hallucinogenic drugs, pled guilty to or was found guilty of possession of a controlled substance under Section 44-53-370(c) and (d), or Section 44-53-375(A) in Magistrate, Municipal or General Sessions Court and received a conditional discharge. Cannot have any prior drug convictions of any kind. Cannot have an expungement under this section more than once in a lifetime. Must provide proof of completion and all court fine/fees must have been paid.
Fees: $285.00 (Solicitor’s Office – $250, Clerk of Court – $35)

S.C. Code of Laws § 22-5-910, the defendant was convicted of a crime carrying a penalty of not more than 30 days imprisonment or fine of $1000 or both, it has been at least three (3) years since the date of conviction with no other out of state or in state convictions. Does not apply to any offenses involving the operation of a motor vehicle. If the charge was domestic violence, it must be five (5) years since the date of conviction with no other out of state or in state convictions. Cannot have an expungement under this section more than once in a lifetime. Cannot have any pending criminal charges unless pending for more than five (5) years. Must provide proof of completion and all court fine/fees must have been paid.
Fees: $310.00 (Solicitor’s Office – $250, Clerk of Court – $35, SLED – $25)

The section listed above does not apply to:

  1. Wildlife or game violations
  2. Offenses involving the operation of a motor vehicle
  3. Offenses contained in Chapter 25 of Title 16 (Criminal Domestic Violence) except first offense criminal domestic violence as contained in Section 16-25-20, which may be expunged five (5) years from the date of the conviction
  4. No person may use this under this section more than once (even if it occurred prior).

S.C. Code of Laws § 22-5-910, the defendant was convicted and sentenced under the Youthful Offender Act. Was not convicted of an offense classified as a violent crime. Was not required to register with the SC Sex Offender Registry. No convictions out of state or in state during the sentence. It has been five (5) years since the date of completion of the sentence with no other out of state or in state convictions, including probation and parole. Cannot have an expungement under this section more than once in a lifetime. *Must provide a letter of completion from South Carolina Probation, Parole & Pardon Services.

OR

S.C. Code of Laws § 22-5-910, the defendant was not sentenced under the Youthful Offender Act but was convicted prior to June 2, 2010 and was between the age of 17 and 24 at the time of conviction. Was not convicted of an offense classified as a violent crime. Was not required to register with the SC Sex Offender Registry. No convictions out-of-state or in state during the sentence. It has been five (5) years since the date of completion of the sentence with no other out-of-state or in state convictions, including probation and parole. Cannot have an expungement under this section more than once in a lifetime. *Must provide a letter of completion from South Carolina Probation, Parole & Pardon Services.
Fees: $310.00 (Solicitor’s Office – $250, Clerk of Court – $35, SLED – $25)

The section listed above does not apply to:

  1. Wildlife or game violations
  2. Offense involving the operation of a motor vehicle
  3. Offense classified as a violent crime in §16-1-60 or to an offense contained in Chapter 25, Title 16 except as otherwise provided in §16-25-30

S.C. Code of Laws § 56-5-750 (f), the defendant was convicted on a first misdemeanor offense where no great bodily injury or death resulted from the violation, and upon conviction, was fined not less than $500.00 or imprisoned for not less than ninety (90) days or more than three (3) years. No other convictions (excluding minor traffic offenses not involving DUI) during the three (3) years following the completion of the terms and conditions of the sentence. Cannot have an expungement under this section more than once in a lifetime. Cannot have any pending criminal charges unless pending more than five (5) years.
Fees: $310.00 (Solicitor’s Office – $250, Clerk of Court – $35, SLED – $25)

  1. C. Code of Laws § 22-5-930 , the defendant was convicted on a first offense for either simple possession of a controlled substance, or, unlawful possession of a prescription drug including magistrate, municipal and general sessions charges. It has been at least three (3) yearsfrom the date of the completion of the sentence, including probation and parole, for this conviction. No other convictions (including out-of-state but excluding minor traffic not involving DUI) within three (3) yearsfrom the date of the completion of the sentence. Cannot have any pending criminal charges unless pending more than five (5) years. *For simple possession of marijuana charges, cannot have had a conditional discharge within five (5) years prior to the date of arrest for the charge sought to be expunged. *For simple possession of controlled substance or unlawful possession of a prescription drug charges, cannot have had a conditional discharge within ten (10) years prior to the date of arrest for the charge sought to be expunged. Must provide proof of completion and all court fine/fees must have been paid.
    Fees: $310.00 (Solicitor’s Office – $250, Clerk of Court – $35, SLED – $25)

 OR

The defendant was convicted on a first offense possession with intent to distribute a controlled substance. No other convictions (including out-of-state but excluding minor traffic not involving DUI) within twenty years from the date of the completion of the sentence including probation and parole, for this conviction and no pending criminal charges unless pending more than five (5) years. Must provide proof of completion and all court fine/fees must have been paid.
Fees: $310.00 (Solicitor’s Office – $250, Clerk of Court – $35, SLED – $25)

S.C. Code of Laws § 17-22-1010, the defendant successfully completed the Youth Challenge Academy and Jobs Challenge Program.
Fees: $310.00 (Solicitor’s Office – $250, Clerk of Court – $35, SLED – $25)

S.C. Code of Laws § 63-19-2050, if the juvenile has been taken into custody for, charged with, or adjudicated delinquent for having committed a nonviolent crime, as defined in Section 16-1-70, the court may grant the expungement order. The defendant must be at least seventeen years of age, has successfully completed any dispositional sentence imposed, has not been subsequently adjudicated for or convicted of any criminal offense, and, does not have any criminal charges pending in family court or general sessions court. An adjudication for a violent crime, as defined in Section 16–1–60, must not be expunged.
Fees: $310.00 (Solicitor’s Office – $250, Clerk of Court – $35, SLED – $25)

Frequently Asked Questions:

  1. 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.
  2. 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.
  3. Can you get more than one expungement if there are multiple charges? Yes, depending on the charges and dispositions.
  4. Do fees have to paid upfront? All fees have to be paid before the expungement process starts.