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Johnathan MWhat Is Expungement in South Carolina?
Expungement is a legal process that permits the destruction of your criminal arrest and disposition records. Under South Carolina law, an expunged record isn’t just hidden, it is obliterated completely. Both physical and electronic records maintained by SLED, the arresting agency, the court, and the prosecutor’s office are destroyed. After a successful expungement, you are legally allowed to declare on most job applications and official forms that you were neither arrested nor convicted of the offense expunged from your record.
The legal framework for expungement in South Carolina is established by the Uniform Expungement of Criminal Records Act, referenced in S.C. Code Ann. § 17-22-910, along with various other statutory authorizations within the code. Expungement applications are managed through the Solicitor’s Office in each circuit. For Greenville, this means dealing with the 13th Judicial Circuit Solicitor’s Office.
Not all convictions can be expunged under a broad law in South Carolina. Whether you qualify hinges on the specific offense and the outcome of your case. Here are some categories of eligible offenses:
Dismissed, nolle prossed, no-billed, or not guilty verdicts (S.C. Code Ann. § 17-1-40): If your case was outright dismissed, not pursued by the prosecutor, no-billed by a grand jury, or if you were found not guilty, these records can typically be expunged with no administrative fee (unless the dismissal emerged from a plea agreement, in which case a $250 fee is required).
Magistrate court first offenses (S.C. Code Ann. § 22-5-910): A first offense conviction in magistrate court can be expunged after fulfilling a waiting period, ensuring no further convictions, and confirming that the offense is neither traffic-related nor a violent crime as defined in § 16-1-60.
Youthful Offender Act convictions (S.C. Code Ann. § 22-5-920): Sentences under the Youthful Offender Act may qualify for expungement upon petition.
First offense simple possession of drugs (S.C. Code Ann. § 22-5-930): First offense convictions for simple possession or possession with intent to distribute may qualify under certain conditions.
PTI completion (S.C. Code Ann. § 17-22-150): Successful completion of the Pre-Trial Intervention program results in charge dismissal, which is then eligible for expungement.
AEP completion (S.C. Code Ann. § 17-22-530): Completing the Alcohol Education Program successfully results in a dismissal eligible for expungement.
Conditional discharge for first offense drugs (S.C. Code Ann. § 44-53-450(b)): A conditional discharge on a first offense simple possession is eligible for expungement.
Fraudulent check, first offense misdemeanor (S.C. Code Ann. § 34-11-90(e)): First offense misdemeanor fraudulent check convictions are eligible for expungement.
Many offenses remain ineligible for expungement. These include traffic violations, violent crimes as designated under S.C. Code Ann. § 16-1-60, and the majority of felony convictions. To determine if your charge qualifies, you’ll need a thorough analysis of the statute relevant to your conviction.
The Expungement Process in Greenville County
In Greenville County, the expungement process is overseen by the 13th Judicial Circuit Solicitor’s Office. Here’s a step-by-step guide to what you can expect:
Start by obtaining the necessary expungement application packet from the Solicitor’s Office, since they handle all requests within the circuit where the charge originated. Note that the form prescribed by the state must be used exclusively; no other forms are accepted.
Next, gather certified dispositions of the charges you wish to expunge, along with any additional relevant documentation for your type of expungement. For PTI and AEP completions, you will need signatures from the respective program directors attesting to your eligibility.
For most conviction-related expungements, SLED must confirm the charge’s eligibility for expungement before both the solicitor and a circuit court judge can endorse the application. This step may extend the processing time.
Fees vary based on the type of expungement. Typically, fees include an administrative charge to the Solicitor’s Office (about $250), a SLED verification fee ($25 for most), and a court filing fee ($35 for most). Some expungements, like dismissals per § 17-1-40, carry no fee unless linked to a plea agreement.
Once the application is signed by all parties and fees are settled, the clerk of court issues the expungement order. SLED and all relevant agencies are informed to obliterate the records. Generally, the entire process spans several months from initiation to completion.
How Expungement Intersects With Other Programs
Expungement is often a culminating part of a legal journey involving a diversion program or a favorable court outcome.
If you completed Pre-Trial Intervention (PTI), your case would have been dismissed upon completion. This dismissed charge is eligible for expungement, usually at an added cost of roughly $285 beyond the PTI fees.
If sentenced under AEP / Deferred Adjudication and you completed the program successfully, that charge also qualifies for expungement. The Felony vs. Misdemeanor distinction is crucial; most felony convictions are rarely expungeable, making diversion programs critical for dismissals.
For individuals with a Parole Violation or subsequent interactions with the criminal justice system, prior expunged records typically cannot influence sentencing. However, a new arrest or conviction during an expungement’s waiting period can disqualify you.
Defense Strategies for Safeguarding Expungement Eligibility
The optimal strategy for expungement begins from the onset of your criminal case, not at its conclusion. Ensuring your eligibility for expungement underscores the importance of hiring a seasoned defense attorney from the beginning.
Accepting a plea to the wrong charge could negate eligibility for years, or permanently. If a charge eligible for expungement exists, careful negotiation can preserve future options. Pursuing PTI or conditional discharge in appropriate scenarios keeps opportunities open. Ensuring dismissed charges are documented correctly for future expungement demands diligent attention throughout the case.
If convicted and sentenced, it’s vital to review whether the necessary waiting periods are satisfied, if subsequent convictions bar your eligibility, and if your specific offense falls under statutory authorizations outlined in § 17-22-910. Close examination of the law is necessary for these matters.
An attorney can contest denials as well. Should the Solicitor’s Office refuse to process an expungement application or SLED erroneously verify ineligibility, those decisions can be legally challenged.
Why You Need an Expungement Lawyer in Greenville
Navigating the expungement process in South Carolina is complex and not automatic. It requires assembling the correct documents, remitting prescribed fees, maneuvering through SLED’s verification, and obtaining multiple endorsements before a judge can issue an order. Any error or missing piece restarts the entire process. Determining your eligibility can also be a puzzle.
A Greenville Criminal Defense Lawyer who focuses in expungements can evaluate your eligibility, guide you through the application process, follow up with SLED and the Solicitor’s Office, and ensure your expungement finalizes correctly. If a DUI is on your record, consulting a DUI Lawyer alongside the expungement process ensures all related issues are addressed. For records with drug charges, a Drug Lawyer knowledgeable about conditional discharge and first offense stipulations can ascertain your qualification.
Your record is worth protecting. Contact John Crangle today to determine if your South Carolina criminal record qualifies for expungement.