The South Carolina Youthful Offender Act allows young offenders to have qualifying criminal convictions expunged. S.C. Code § 22-5-920(B)(1) allows people convicted under the age of 25 to have their conviction removed from the public record, provided they meet the defined requirements.
Bannister, Wyatt & Stalvey, LLC can help young people facing criminal charges who are ready to apply for expungement. Contact our Greenville SC expungement lawyers to learn more and start today.
Youthful Offender Act in South Carolina
If you’re under the age of 25 when you are convicted of a crime, you may qualify for sentencing under the Youthful Offender Act (YOA) in South Carolina.
- People convicted between the ages of 17-25 may qualify for YOA expungement.
- The most common crime for youthful expungement is drug possession, but many different convictions qualify.
- Some convictions can’t be expunged.
- To receive expungement, you must be sentenced by the judge as a youthful offender. (S.C. Code § 22-5-920(B)(3)).
- After completing your sentence, you must wait five years with no convictions.
- Once you’re eligible, you must apply to have your record expunged.
Do I qualify for Youthful Offender Act expungement in South Carolina?
You may qualify for Youthful Offender Act expungement in South Carolina if:
- It has been five years since your criminal sentence, counted from the end of probation.
- You haven’t gotten any new criminal convictions in the five years.
- Your conviction was not driving related (including drunk driving), violent, domestic violence, or one that requires sex offender registry.
A minor traffic offense may not disqualify you from eligibility.
How do you get Youthful Offender Act expungement in South Carolina?
To get Youthful Offender Act expungement in South Carolina, you apply to the solicitor’s office where the criminal conviction occurred. There are fees associated with this process.
The solicitor’s office reviews your application, and if they agree you’re eligible, they submit the application to the court. If the court approves, they issue an order expunging your conviction.
What if I had more than one conviction? Can I get a YOA expungement?
While you can receive a YOA expungement only once, you may receive YOA sentencing and expungement if you had multiple convictions stemming from one criminal episode.
Why does South Carolina offer Youthful Offenders Act sentencing?
A criminal conviction at a young age can carry serious long-term consequences. It can impact employment, volunteer opportunities, and your reputation. Expungement under the YOA can clear your record – you can honestly say you’re not convicted of a crime. Once the expungement is complete, the conviction won’t be found on a background check.
Lawmakers recognize that, sometimes, young people need a fresh start. They want to give young offenders an incentive to follow the law and reduce recidivism. For these reasons, offenders who meet YOA criteria may apply to have their convictions expunged.
How long does it take to have a YOA expungement application approved?
Once submitted, a YOA expungement application can take from a few weeks up to several months to be approved. The best way to have your application approved quickly is to ensure it is complete and correct. You may have an attorney assist with your application.
Get help from a youthful offender expungement lawyer
A criminal defense lawyer from Bannister, Wyatt & Stalvey, LLC can help determine if you qualify for expungement. We can help you pursue sentencing under the Youthful Offender Act and identify all defenses that may be available to you if you are facing criminal charges. In addition, we can represent you to prepare your expungement application.
Contact us to discuss South Carolina Youthful Offender Act expungement today.
