Expungement Information

An "Expungement" is the destruction or obliteration of criminal records relating to an arrest or a conviction. South Carolina law allows for the destruction of arrest and/or conviction information under the following limited circumstances.

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 for two hundred fifty dollars per individual order. 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.

The Solicitor’s Office in the circuit in which the charge occurred processes the following applications for expungement:

Successful Completion Of Pre-Trial Intervention

SECTION 17-22-150(a), 17-22-530(a), 17-22-330(a)

Pre-trial Intervention is a diversion program for first-time non-violent criminal offenders. Participants are required to perform, among other things, community restitution and make monetary restitution to their victims. South Carolina Code of Laws § 17-22-150 allows offenders, who successfully complete the pretrial intervention program to apply to the court for an order to destroy all official records relating to his arrest. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest. No person, as to whom the order has been entered, may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest in response to any inquiry made of him for any purpose.

General Sessions Non Conviction of Offense

SECTION 17-1-40

An individual after being charged with a criminal offense where charges are dismissed, nolle prossed, or the defendant is found not guilty can apply to the Solicitor’s Office to have records of the arrest expunged. 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.

‘Conviction’ includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail. No person may have his or her record expunged under this section more than once.

Summary Level Convictions

SECTION 22-5-910

An individual with any number of conviction for a crime carrying a penalty of not more than thirty (30) days imprisonment or a fine of one thousand dollars ($1,000), or both for which the individual received sentences at a single sentencing proceeding that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes. If the individual after three years from the date of the conviction, including a conviction in magistrate, municipal or general sessions or five (5) years from the date of conviction of a CDV (occurring prior to June 4, 2015) or third (3rd) degree domestic violence has no additional convictions (including out of state convictions but excluding minor traffic violations not involving DUI) with no pending charges the individual may apply to the Solicitor’s Office to have their record expunged.

This section does not apply to:

1. An individual with pending charges of any kind unless charges have been pending for more than 5 years; however, the 5-year period is tolled for any time the defendant has been under a bench warrant for failure to appear.
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 years from the date of the conviction
4. No person may use this under this section more than once (even if it occurred prior).

‘Conviction’ includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail. No person may have his or her record expunged under this section more than once.

First Offense Conviction as a Youthful Offender

(YOA) SECTION 22-5-920

a first offense conviction as a youthful offender for which a defendant is sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the defendant, who has not been convicted of any offense, including an out-of-state offense, while serving the youthful offender sentence, including probation and parole, and for a period of five years from the date of completion of the defendant's sentence, including probation and parole, may apply, or cause someone acting on the defendant's behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. Any number of offenses for which an individual received a youthful offender sentence at a single sentencing proceeding for offenses that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement.

No person may have his or her records expunged under this section more than once. A person may have the person’s record expunged even though the conviction occurred before the effective date of this section. A person eligible for a sentence pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, and who is not sentenced pursuant to those provisions, is not eligible to have the person’s record expunged pursuant to the provisions of this section; however, a person who was convicted prior to June 2, 2010, and was a youthful offender as that term is defined in Section 24-19-10(d) is eligible to have his record expunged pursuant to the provisions of this section. (Any person 17-24 years of age).

However, this section does not apply to:

1. An offense involving the operation of a motor vehicle
2. An offense classified as a violent crime in Section 16-1-60
3. An offense contained in Chapter 25, Title 16, except as otherwise provided in Section 16-25-30 or
4. An offence for which the individual is required to register in accordance with the South Carolina Sex Offender Registry Act.

First Drug Conviction

SECTION 22-5-930

A first offense conviction for either simple possession of a controlled substance under Article 3, Chapter 53, Title 44 or unlawful possession of a prescription drug under Section 40-43-86(EE), including those charges for which the person would now be eligible for a conditional discharge pursuant to Section 44-53-450, the defendant after three years from the date of the completion of the sentence, including probation and parole, for this conviction, and including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply. A first offense conviction for possession with intent to distribute a controlled substance under Article 3, Chapter 53, Title 44, the defendant after twenty years from the date of the completion of any sentence, including probation and parole, for a drug conviction or any felony conviction may apply. For the purpose of this section, any number of offenses for which the individual received sentences at a single sentencing proceeding for offenses that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes.

If the defendant has no other convictions, to include out-of-state convictions, during the three-year period as provided in subsection (A)or no other drug conviction or felony conviction during the twenty-year period as provided in subsection (B), the circuit court may issue an order expunging the records including any associated bench warrant. No person may have the person’s records expunged pursuant to this section if the person has had a conditional discharge within the five years prior to the date of arrest for the charge sought to be expunged if the charge sought to be expunged is simple possession of marijuana, or within the ten years prior to the date of arrest for the charge sought to be expunged if the charge sought to be expunged is for the simple possession of any other controlled substance or the unlawful possession of a prescription drug under Section 40-43-86(EE).

No person may have the person’s record expunged under this section if the person has pending criminal charges of any kind unless the charges have been pending for more than five years; however, this five-year time period is tolled for any time the defendant has been under a bench warrant for failure to appear. No person may have his or her records expunged under this section more than once.

First Offense Misdemeanor Fraudulent Check

SECTION 34-11-90(e)

An individual that has been convicted of a first offense misdemeanor under the fraudulent check law and has had no additional criminal convictions taken place one year from the date of conviction. After one year from the date of conviction for this offense, the individual may apply to have their record of the arrest and conviction expunged. This provision does not apply to any crime classified as a felony. No person has any rights under this section more than one time.

As used in this section the term “conviction” shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail. A conviction is classified as a felony if the instrument drawn or uttered in violation of this chapter exceeds the amount of five thousand dollars. Each instrument drawn or uttered in violation of this chapter constitutes a separate offense.

Conditional Discharge

SECTION 44-53-450(b)

An individual who has not previously been convicted of any offense under this article or any offense under any state or federal statute relating to marijuana, or stimulant, depressant or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under the Section 44-53-370 (c) and (d), or Section 44-53-375(A). Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceeding against them. Discharge and dismissal under this section may occur only once with respect to any person. Dismissal upon successful completion may be expunged through the solicitor’s office and signed by a Circuit Court Judge. This applies to Magistrate and Municipal Court conditional charges as well.

First Offense Failure to Stop Motor Vehicle

SECTION 56-5-750(f)

An individual convicted of a misdemeanor first offense failure to stop motor vehicle, where no great bodily injury or death resulted, this is not a felony after three years from the date of completion of all terms and conditions of sentence can apply to the Solicitor’s Office to have the records of the arrest and conviction expunged. If the person has had no other convictions during the three years following the completion of the terms and conditions of the sentence, the court shall issue an order expunging the record.