How Do You Expunge a Criminal Record in South Carolina?

Our criminal defense lawyers in Charleston often get asked about expungement in South Carolina, including how to expunge your criminal record and which charges can be expunged. When we successfully defend someone accused of a crime, we follow up by expunging our client’s record when eligible. However, we often get calls from persons whose previous criminal lawyer didn’t tie up that loose end.

Expunging your criminal record can be essential even if you were never convicted. Any arrest, even one that results in a “not guilty,” a dismissal, or a “nolle prosequi,” can still have a negative impact, such as when a potential employer runs a background check. Criminal convictions often carry more significant consequences that may haunt people for their entire lives. So how do you expunge a criminal record in South Carolina, and what can be expunged?

Quick Answer: To expunge a criminal record in South Carolina, you generally apply through the solicitor’s office for a court order directing agencies to remove or destroy eligible records. Dismissed charges, not guilty verdicts, completed PTI, and certain qualifying convictions are eligible; some require a waiting period. DUI, DUAC, and most motor vehicle offenses cannot be expunged. Some fees are waived for eligible dismissals and acquittals; when all three standard fees apply, they total $310.

What is Expungement in South Carolina?

Expungement in South Carolina is the process of obtaining a court order directing agencies to remove or destroy eligible records, subject to statutory exceptions.

After a judge signs an expungement order and it is sent to the appropriate agencies, the arrest and booking record, associated bench warrants, mug shots, and fingerprints generally must be destroyed. In cases involving dismissed or discharged charges or an acquittal, law enforcement and prosecution agencies may retain specified records under seal for three years and 120 days, or longer for certain authorized purposes.

Some exceptions apply; an expungement does not necessarily erase all evidence of the charge. For example, agencies may retain investigative records under seal, and SLED may keep a nonpublic record of certain expunged convictions. An expungement of South Carolina records also does not guarantee removal from federal databases or private background-check services.

What Criminal Records Can Be Expunged in South Carolina?

For expungement in South Carolina, here is a list of charges and records that may be eligible for expungement if the applicable conditions are met:

• A charge that was dismissed, discharged, or nolle prossed, or where the defendant was found not guilty, is generally eligible for expungement.
• A first-offense misdemeanor fraudulent-check conviction may be expunged after one year without another conviction. Certain multiple misdemeanor fraudulent-check convictions in magistrate’s court within a three-year period may also be expunged after ten years from the last conviction, if there are no other convictions during that period and full restitution has been made.
• If an eligible drug-possession charge is resolved by conditional discharge and dismissal, it is eligible for expungement.
• A first-offense conviction for simple possession of a controlled substance or unlawful possession of a prescription drug may be expunged after three years from completion of the sentence, including probation and parole, without another conviction, subject to additional restrictions.
• A first-offense conviction for possession with intent to distribute a controlled substance may be expunged after twenty years from completion of any sentence for a drug conviction or any felony conviction, if the person has no other drug or felony conviction during that period, subject to additional restrictions.
• A first-offense conviction for unlawful possession of a firearm or weapon may be expunged if the offense carries a penalty of no more than one year of imprisonment or a $1,000 fine, or both, and the other expungement requirements are met.
• A qualifying first-offense misdemeanor conviction for failure to stop for a law enforcement vehicle after being signaled to do so may be expunged three years after completion of all terms of the sentence if the person has no other conviction during that period.
• Certain convictions, including convictions in municipal or magistrate’s court, for offenses carrying a maximum penalty of no more than 30 days in jail or a $1,000 fine, or both, may be expunged three years after conviction without another conviction. A conviction for domestic violence in the third degree generally requires five years without another conviction.
• Charges resolved by successful completion of pre-trial intervention (PTI) or the alcohol education program (AEP) can be expunged.
• A qualifying first-offense conviction sentenced under the Youthful Offender Act may be expunged after completion of the sentence, including probation and parole, and five additional years without another conviction, subject to statutory exceptions and exclusions. Being under 25 at the time of conviction does not, by itself, make a conviction eligible.
• Certain juvenile status offenses and nonviolent juvenile offenses may be expunged. Generally, the person must be at least 18, have completed the disposition, have no subsequent adjudication or conviction, and have no pending criminal charges. A prior adjudication for an offense punishable by five years or more if committed by an adult may bar a petition. A juvenile found not guilty in family court is entitled to expungement regardless of age.

The following table summarizes common types of records and their waiting periods:

What Cannot Be Expunged in South Carolina?

For expungement in South Carolina, the following convictions generally aren’t eligible for expungement under the statutes discussed above, although dismissed charges and acquittals may be eligible:

• Driving under the influence (DUI)
• Driving with an unlawful alcohol concentration (DUAC)
• Most offenses involving the operation of a motor vehicle, with a statutory exception for a qualifying first-offense conviction for failure to stop for a law enforcement vehicle
• Hunting, fishing, and gaming offenses that do not qualify under an applicable expungement statute
• Many very serious crimes, such as violent crimes and murder

Because a DUI conviction generally cannot be expunged, it is important to fight the charge from the start. Our article on the penalties for a DUI in South Carolina explains what is at stake.

How Long Does an Expungement Take in South Carolina?

The time it takes to expunge in South Carolina varies depending on several factors, such as the type of charges, whether the solicitor’s office is backed up processing expungements, whether the court is backed up signing expungement orders, and whether SLED is backed up processing expungement orders. So, in some cases it can take weeks, but in others it can take months.

How Long Does a Misdemeanor Stay on Your Record in South Carolina?

In South Carolina, a misdemeanor is generally a less serious criminal charge than a felony. Typically, misdemeanor penalties are less severe than felony penalties. Some examples of misdemeanor charges in South Carolina are simple assault and battery, certain shoplifting offenses, DUI 1st, and possession of marijuana.

Unfortunately, misdemeanor arrest records do not necessarily disappear on their own. Instead, you have to follow the legal process for getting those records expunged if they are eligible to be removed from your record. Specifically, you can generally expunge an eligible record by applying through the solicitor’s office for a court order; some records may be retained under seal as allowed by law.

How Long Does a Felony Stay on Your Record in South Carolina?

Felonies are more serious crimes than misdemeanors. Examples of felony charges in South Carolina include rape, armed robbery, narcotics trafficking, kidnapping, and murder. The consequences for a felony conviction are usually much more severe than for a misdemeanor. Like misdemeanors, felony records can stay on your record indefinitely unless the charges or convictions are eligible for expungement and you follow the legal process to have those records expunged.

How Can I Check My Criminal Record in South Carolina?

If you’ve been arrested before and want to know what’s on your criminal record in South Carolina, you can request a criminal record check through the South Carolina Law Enforcement Division’s (SLED) Criminal Records Check page. The stated cost is $26. You generally search using identifying information such as your name and date of birth; confirm the result against court records if information appears missing or inaccurate.

How Can I Get My Record Expunged for Free in South Carolina?

Under South Carolina law, Section 17-22-940, the $250 solicitor’s administrative fee is waived for qualifying general sessions charges expunged after dismissal, discharge, or acquittal, unless the charge was dismissed, discharged, or nolle prossed as part of a plea arrangement under which you pled guilty and were sentenced on other charges.

The SLED verification fee is waived for expungements under Section 17-1-40, and the clerk of court may not charge a filing fee for a charge discharged, dismissed, nolle prossed, or resulting in acquittal under that section.

Otherwise, administrative costs may include a non-refundable $250 fee to the solicitor’s office, a $25 SLED verification fee when applicable, and a $35 filing fee to the county clerk of court. The filing fee must be refunded if the charge is determined to be statutorily ineligible for expungement.

Why Should I Get My Criminal Record Expunged in South Carolina?

If you’ve had criminal charges dismissed or reduced, you deserve an accurate record of your criminal history. However, if a charge was reduced through a plea, dismissal of the original charge does not necessarily mean it can be expunged.

By keeping your record clean where the law permits, you can avoid some “real-world” consequences, such as being turned down for a job, being ineligible for a loan, being unable to rent a home or apartment, and being denied certain licenses, such as a realtor’s license. In other words, a criminal record can negatively affect your life because of an arrest that occurred years ago.

Do I Need to Hire a Lawyer to Get My Record Expunged in South Carolina?

You don’t necessarily need a lawyer to get your record expunged in South Carolina. However, South Carolina’s expungement laws and the expungement application can be confusing, and deciphering your criminal record can be challenging. Overall, hiring a lawyer can help you understand what can and cannot be expunged and make the necessary arrangements to clear your record if you are eligible.

If you were recently arrested, our article on what to do after an arrest in South Carolina explains steps that can help you protect your record from the start.

If My Record is Expunged in South Carolina, How Do I Get My Mugshot Off the Internet?

Unfortunately, for many clients, their arrest makes headlines or shows up on websites that share mugshots and arrest details. In some cases, South Carolina law can help you get websites to remove your mugshot and arrest information.

Specifically, Section 17-1-60 of our code of laws provides that a person or entity that publishes arrest and booking records of someone arrested and booked in South Carolina generally must remove the records without charging a fee within thirty days after receiving a qualifying written request showing that the original charges were discharged, dismissed, or expunged, or that you were found not guilty.

If the charges were dismissed or discharged because you pled to a lesser included or different offense, the publisher generally must revise the records to reflect that offense rather than remove them. The law also contains exceptions, including for certain news and commentary publications. The written request must:

• Be made in writing via certified mail, return receipt requested, to the registered agent, principal place of business, or primary residence of the person or entity who publishes the website or any other publication;
• Include your name, date of arrest, and the name of the arresting law enforcement agency;
• Contain certified documentation that the original charges stemming from the arrest were discharged, dismissed, expunged, or you were found not guilty; and
• Include a complete and accurate description of where the arrest and booking records are located, including the uniform resource locator (URL) and e-edition, if applicable.

If My Charge Isn’t Eligible for Expungement in South Carolina, Do I Have Other Options?

Yes. If you have a conviction you can’t expunge, you may be eligible for a pardon. Many people mistakenly believe a pardon requires some connection to the governor, but in South Carolina, the Board of Paroles and Pardons decides most pardon applications. The Department of Probation, Parole and Pardon Services handles the application process. A pardon does not expunge the conviction itself.

Whether you qualify for pardon consideration depends on your circumstances, including your sentence and supervision status, and the Board decides whether to grant a pardon. The attorneys at Futeral & Nelson can help determine whether it is worth your while to seek a pardon. To learn more, read our article on getting a pardon in South Carolina.

How Can Our Expungement Lawyers Help You for $250?

We’ve helped hundreds of clients with expungement in South Carolina. For a low cost of $250 (which includes the SLED record check fee), we can advise you whether you are eligible for an expungement in South Carolina as follows:

1. We Gather All of Your Criminal Records – We get a copy of your official criminal record from the South Carolina Law Enforcement Division (SLED). If any information is missing (or inaccurate) from your record, we will fill in the gaps by pulling information directly from the court(s) and law enforcement agencies that you were involved with.
2. We Analyze Whether You Are Eligible for an Expungement (or a Pardon) – After we have a complete record, we review all the information and advise you in detail on whether you are eligible for an expungement. If you are eligible, we explain exactly how we can clean up your criminal record and any additional fees for those services. If you aren’t eligible, we explain whether you may be eligible for a pardon, the process for obtaining one, and the legal costs involved.

We can assist with expunging your South Carolina criminal records no matter where you are in the state. We can also help you seek removal or correction of your mugshot and arrest information online where the law permits.

The attorneys at Futeral & Nelson have helped clients clear their criminal records throughout South Carolina, including Charleston, Mount Pleasant, North Charleston, and Summerville. Call us at 843-284-5500 to discuss your case and your options.