If you have been charged with or convicted of a crime and want to know if you can get your criminal record expunged in South Carolina, expungement may be an option. Expungement law is detailed, and what you qualify for depends on the charge, how the case ended, and how much time has passed, so it is important to ask an attorney about your options.
At Touma Law Group, we can review your record and explain which expungement statute, if any, may apply to your case. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on the general information on this page, and the court decides whether to grant an expungement.
What Crimes Can Be Expunged in South Carolina?
According to the South Carolina Judicial Branch, an expungement is a legal process to remove a criminal conviction or a criminal charge from a person’s record and to seal or destroy the state’s records of the arrest, charge, or conviction. The order is signed by a judge, and the solicitor’s office sends copies to the agencies that must receive it, including the arresting law enforcement agency, the jail, the solicitor’s office, the courts involved, and SLED (S.C. Code Ann. § 17-22-940).
For a charge that was dismissed, nolle prossed, or ended in a not guilty finding, the arrest and booking record, bench warrants, mug shots, and fingerprints must be destroyed. Law enforcement and prosecution agencies still keep some of that information under seal for three years and one hundred twenty days, and they may keep it longer for certain purposes, such as ongoing or future investigations and defending the agency in litigation (S.C. Code Ann. § 17-1-40). Expungement can also apply to some juvenile offenses.
The expungement process takes paperwork and follow-through. South Carolina law lists the situations in which an expungement is allowed, and eligibility depends on the offense a person pleaded guilty to or was convicted of, not on the offense originally charged (S.C. Code Ann. § 17-22-910). Those situations include:
- A charge that was dismissed, nolle prossed, or ended in a not guilty finding (S.C. Code Ann. § 17-1-40). When a summary court charge ends this way and the person was fingerprinted, the summary court issues the order at no cost to the person (S.C. Code Ann. § 17-22-950).
- A first offense conviction for fraudulent check offenses in magistrates court, after one year (S.C. Code Ann. § 34-11-90(e)), and certain multiple convictions in magistrates court, after ten years (S.C. Code Ann. § 34-11-90(f))
- Simple possession of a controlled substance resolved by a conditional discharge, after the person is discharged and the proceedings are dismissed (S.C. Code Ann. § 44-53-450)
- A first offense conviction for simple possession of a controlled substance, three years after completion of the sentence, including probation and parole, if the person had no other convictions during that period (S.C. Code Ann. § 22-5-930(A))
- A first offense conviction for possession with intent to distribute, twenty years after completion of any sentence for a drug conviction or any felony conviction, if the person had no other drug or felony conviction during that period (S.C. Code Ann. § 22-5-930(B))
- A conviction for a crime carrying a penalty of not more than thirty days imprisonment or a one thousand dollar fine, or both, or a first offense of unlawful possession of a firearm or weapon carrying not more than one year or a one thousand dollar fine, three years after the conviction and with no other conviction in that period. This does not apply to an offense involving the operation of a motor vehicle (S.C. Code Ann. § 22-5-910(A))
- A conviction for third degree criminal domestic violence, five years after the conviction and with no other conviction in that period (S.C. Code Ann. § 22-5-910(B))
- A first offense conviction for failure to stop for a law enforcement vehicle, after three years from completion of all terms of the sentence (S.C. Code Ann. § 56-5-750(F))
- A charge resolved by successful completion of a pretrial intervention program, or an alcohol education or traffic education program (S.C. Code Ann. § 17-22-150, § 17-22-910(A))
- A first offense conviction as a youthful offender (S.C. Code Ann. § 22-5-920), and some juvenile matters involving a status offense or a nonviolent crime (S.C. Code Ann. § 63-19-2050)
A person generally may not have a record expunged under the conviction statutes more than once, and a person with pending criminal charges is barred unless the charges have been pending for more than five years (S.C. Code Ann. § 22-5-910(F)). Offenses that were sentenced at a single sentencing proceeding, are closely connected and arose out of the same incident may be treated as one conviction for that purpose (S.C. Code Ann. § 22-5-910(E)). If your case falls under one of these situations, it may be eligible for expungement, but the waiting periods and conditions are specific. Contact an attorney to understand more about your case and the process.
What Crimes Cannot Be Expunged?
South Carolina’s expungement statutes apply only to the situations they list. If a conviction does not fall under one of them, there is generally no expungement available for it. These statutes govern South Carolina records, and a federal conviction is handled under federal law, so an attorney can explain whether any option exists. Examples of what is generally not covered include:
Motor Vehicle Offenses
The general conviction statute for lower-level offenses does not apply to an offense involving the operation of a motor vehicle (S.C. Code Ann. § 22-5-910(A)). The exceptions in the statutes include a first offense conviction for failure to stop for a law enforcement vehicle (S.C. Code Ann. § 56-5-750(F)) and a charge resolved through a traffic education program (S.C. Code Ann. § 17-22-330(A)).
Felonies and Violent Crimes
Most felony convictions and convictions for violent crimes are outside the statutes listed above. The exceptions include a first offense conviction for possession with intent to distribute (S.C. Code Ann. § 22-5-930(B)), and a felony charge that was dismissed or ended in a not guilty finding can be expunged under S.C. Code Ann. § 17-1-40. The domestic violence statute covers a conviction for third degree criminal domestic violence, and it does not list the higher degrees (S.C. Code Ann. § 22-5-910(B)). An attorney can tell you whether a particular conviction, such as burglary, arson, or murder, has any statutory route.
How to Begin Application for Expungement
To begin, check the status of your criminal history, because the solicitor’s office and SLED must confirm that the charge is statutorily appropriate for expungement. Applications for expungement are administered by the solicitor’s office in each circuit, and the clerk of court directs questions about the process to that office (S.C. Code Ann. § 17-22-910 and § 17-22-920). You must obtain the blank expungement order form from the solicitor’s office in the judicial circuit where the charge began, and the use of that form is mandatory (S.C. Code Ann. § 17-22-930). The Judicial Branch also publishes an expungement application process page for general sessions, magistrate and municipal courts, and juvenile records.
The statute sets these fees. The solicitor’s office charges a $250 administrative fee per order, which is not refundable even if the offense is later found ineligible or the solicitor does not consent. The solicitor’s office also collects a $25 SLED verification fee, which is not charged for some types of expungement, and a $35 clerk of court filing fee, which must be refunded if the charge is found statutorily ineligible. A person who applies to expunge general sessions charges under Section 17-1-40 does not pay the administrative fee unless the charge was dismissed as part of a plea arrangement, and the clerk may not charge a filing fee when the charge was discharged, dismissed, nolle prossed, or ended in acquittal (S.C. Code Ann. § 17-22-940). These amounts are set by statute and can change, and they do not include attorney fees.
Before beginning an expungement application, you must make sure the required period of time since your conviction has passed. As the list above shows, this period is different depending on the offense, and it may require completion of a sentence, probation or parole, or a pretrial intervention program. The solicitor decides whether to consent, and if the solicitor does not consent, a retained attorney may file an action in circuit court asking for a judicial determination of eligibility (S.C. Code Ann. § 17-22-940(I)).
If you have no other convictions during the required period and have met the conditions of the statute that applies to you, you may proceed with the application. The process involves several offices, and the time it takes varies. After an expungement under the conviction statutes, SLED keeps a nonpublic record of the offense and the date of the expungement to ensure the statute is not used more than once (S.C. Code Ann. § 22-5-910(D)).
An attorney can answer questions you may have about your specific situation. Have you met each requirement, including the fee provisions? Which expungement statute applies to you? Do you need representation through this process? With any complicated proceeding, it is wise to have solid legal advice.
How an Attorney Can Help You Expunge Your Record
A criminal record can be a barrier to employment, housing, and licensure. Many landlords and employers run a criminal background check before offering a job or housing. An attorney can review your record, identify the statute that may apply, and explain the waiting periods and fees.
An expungement is never guaranteed. The solicitor’s office, SLED, and a judge each have a role, and the court decides whether to grant the order. A lawyer can help make sure you have your filing fees, paperwork, and eligibility questions in order before you apply.
Touma Law Group represents people in South Carolina criminal cases, and we can look at whether your record may qualify. If you believe your charges fall under one of the situations above, contact us today to talk about your options.
