Criminal Record Expungement Procedures

 The procedure for the expungement of criminal records is handled according to the South Carolina Code of Laws:

By State law, there are seven categories of cases in which the defendant is entitled to have all records relating to an arrest or conviction expunged and destroyed:

I. Section 17-1-40. The charge was dismissed, nol prossed or the defendant was found not guilty.

II. Section 17-22-150. The defendant successfully completed the Pre-Trial Intervention Program.

III. Section 17-22-520. The defendant successfully completed the Alcohol Education Program.

IV. Section 34-11-90 (e). The defendant was convicted under the Fraudulent Check Law, and no additional criminal activity has taken place in one year from the date of conviction.

V. Section 44-53-450 (b). The defendant was convicted of the first offense, Simple Possession of Marijuana, under the “conditional discharge” provisions of this specific law and has successfully complied with the terms of that sentence.

VI. Section 22-5-910. The defendant was convicted of a first offense in a magistrate’s or municipal court for offenses other than:
A. an offense involving the operation of a motor vehicle,

B. a fish, game or watercraft violation under Title 50 of the Code of Laws for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized.

C. any offenses under Chapter 25 of Title 16 (Criminal Domestic Violence Offenses), except first offense Criminal Domestic Violence as contained in Section 16-25-20.

and no additional criminal activity has taken place within three years from the date of conviction. (5 years for 1st Offense CDV conviction) .
VI. Section 56-5-750. The defendant was convicted of a first offense, non-aggravated violation for Failure to Stop for a Blue Light and Siren, and had no other convictions for any crime for three years following the completion of all terms and conditions of the Blue Light sentence.

VII. Section 22-5-920. Following the first offense conviction as a youthful offender, the defendant, after five years from the date of the conviction, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction.

The process for the Expungement of a criminal charge is as follows:

A. Obtain the necessary information for eligibility from the records of the Clerk of Court, Magistrate’s Court, Municipal Court, NCIC, Sheriff’s Department, Police Department, and/or other sources.

B. Prepare and type a proposed Order acceptable to SC Court Administration.

C. Submit the proposed order to SLED to confirm that the criminal charge is statutorily appropriate for Expungement along with the $25.00 fee (not required for 17-1-40, 17-22-150(a), or 44-5-450(b).

D. Obtain the signature of the Solicitor/Deputy Solicitor.

E. Obtain the approval and signature of a Circuit Court Judge.

F. File the original signed Order in the Office of the Clerk of Court (The law provides for a $35.00 filing fee to be paid to the clerk at the time of filing, except when filing 17-1-40.)

G. Obtain certified copies of the Order from the Clerk of Court.

H. Deliver or mail certified copies of the Order to appropriate agencies.

The Solicitor’s Office will process all steps for the applicant and mail (1) certified copy to the applicant if approved.

In exchange for this service, the applicant is responsible for payment of an administrative fee to the Solicitor’s Office, in the form of a money order, in the amount of two hundred fifty dollars ($250.00) per order, which shall be retained by the Solicitor’s Office to defray the costs associated with this process. In addition, SLED shall receive a twenty-five dollar ($25.00) money order from the applicant to confirm that the criminal charge is statutorily appropriate for Expungement. Also, where applicable, A ($35.00) Clerk of Court filing fee shall apply. Please understand that this is a research and processing fee and is non-refundable. Payment of this fee does not guarantee an expungement of your charge.

Request arising under Section 17-1-40, where the charge was dismissed, nolle prossed, or the defendant was found not guilty out of identity theft, no fee shall be required unless the dismissal resulted from a plea bargain. Charges dismissed in the magistrate, and municipal courts will be expunged by order of the presiding magistrate or municipal judge pursuant to a statute effective June 2, 2009. Our office will process these for you if you wish to pay the normal $250.00 processing fee otherwise, please contact the appropriate court for expungement information.

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16th Circuit Solicitor's Office
16th Circuit Solicitor's Office7 days ago

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