To get an expungement, your offense must qualify under one of the eligibility programs in South Carolina law. You apply to the solicitor’s office where the offense occurred and, in most cases, pay application fees, including a $250 administrative fee, $25 SLED verification fee, and $35 county court fee.
An attorney can help you get an expungement in South Carolina. Contact Bannister, Wyatt & Stalvey, LLC to talk to an expungement lawyer about your case.
Greenville County Expungement Application
You must apply for expungement in the county where the conviction occurred.
13th Judicial Circuit for Greenville County expungement application
13th Judicial Circuit for Pickens County expungement application
Be sure to check the requirements for the location where you are applying.
What Can Be Expunged in South Carolina?
Criminal charges and offenses that can be expunged in South Carolina include:
- Charges with no conviction – if you’re found not guilty or if the charges are dismissed
- Pretrial Intervention Program – first-time offenders may complete education, treatment, and other rehabilitative measures in exchange for dismissal of the charges
- Alcohol Education Program – for minors charged with a drinking offense like minor in possession
- Traffic Education Program – for traffic violations with four or fewer points
- Fraudulent check, first offense – writing a bad check, with no additional offenses within one year
- Drug possession, misdemeanor, first offense – the offender must complete the terms of a conditional discharge
- Misdemeanor – for general misdemeanors, punishable by not more than 30 days in jail and a $1,000 fine, with a waiting period of three years for most offenses
- Youthful Offender Act offenses – restricted to offenders convicted before the age of 25, with a five-year waiting period
- Failure to stop for the police, first offense – the only traffic offense that is eligible for expungement
- Juvenile offenses – nonviolent offenses, when the offender reaches 18 years old and has completed their sentence
- Human trafficking victims – if the offense results from being victimized
- Drug crimes – after a three-year waiting period for simple possession, or a 20-year waiting period with intent to distribute
Many different convictions are eligible for expungement through a variety of programs, with each having its own requirements. An education program, waiting period, or completion of probation may be required in some cases. Additionally, there may be multiple expungements when charges are dismissed or for juvenile offenses.
What Can’t Be Expunged in South Carolina?
Offenses that cannot be expunged in South Carolina include:
- Violent offenses
- Drunk driving
- Most traffic violations
- Repeat convictions
- Criminal sexual conduct, offenses requiring sex offender registry
- Murder, attempted murder, voluntary manslaughter
- Child abuse
- Armed robbery, arson, burglary
- Other offenses as stated by law
An attorney can review your specific situation to determine if an offense can be expunged.
How to Get an Expungement in South Carolina
To get an expungement in South Carolina, there are several steps:
- Determine if you are eligible for expungement under South Carolina law. You may need to order your criminal record to determine eligibility.
- Identify the court where you were convicted. This is where you will submit your application.
- Find and complete the application for expungement.
- Mail the completed application to the solicitor’s office, along with any documents they require, which may include a copy of your government ID and disposition of the charges
- Submit money orders for the various fees, made out to the right parties (solicitor, SLED and the county clerk of court); include these with your application
- Wait for a court order.
- Check your criminal record again to make sure your record is clear.
Once you apply for expungement, the solicitor’s office checks your eligibility. If they agree that you qualify, they forward the request to the court, which reviews the request and issues an order of expungement.
There are no fees for expungement if the basis is that you were not convicted or that the charges were dismissed.
How long does expungement take in South Carolina?
Expungement can take up to six months in South Carolina. While it may be completed in as little as a few weeks, be prepared for a longer process.
Contact a South Carolina expungement lawyer
Are you wondering how to get an expungement in South Carolina? Do you have questions about your situation, or are you ready for legal help? Contact the award-winning attorneys at Bannister, Wyatt & Stalvey, LLC today to talk about your case.
