Criminal Record Expungement in South Carolina

July 29, 2011

As it is ever more difficult for people to find employment and housing in today's tight job and rental markets, more people are considering expungement of their criminal records to remove potential barriers to education, employment and housing. Because the collateral consequences of a criminal record can significantly affect many aspects of one's life, criminal record expungement is an attractive possibility for eligible people in South Carolina.

According to the Office of the Solicitor for the Ninth Judicial Circuit, in South Carolina, expungement means the obliteration or destruction of all criminal records relating to an arrest or conviction. If a person's record is expunged, no evidence of that arrest or conviction will appear on his or her rap sheet, and the person may lawfully act as if the arrest never occurred.

Expungement With No Conviction

The South Carolina Code of Laws declares that all arrest and booking records, files, mug shots and fingerprints of a person must be destroyed and no evidence relating to a criminal charge may be kept by law enforcement officials if:

- The charge was discharged

- The case was dismissed

- The person was found not guilty

In addition, even when a person is ultimately convicted of a crime, he or she may petition to have the record expunged in certain circumstances.

Expungement Following Conviction

Expungement of the record of a criminal conviction is possible in limited situations under South Carolina law. First, if a person successfully completes a pre-trial diversion program called Pre-trial Intervention, he or she may petition for expungement of that record. Information provided by the Office of the Solicitor for the Tenth Judicial Circuit states that Pre-trial Intervention requires participants to receive counseling, perform community service and pay monetary restitution to the victims of their crimes, among other things. Pre-trial Intervention is only available to people facing non-violent criminal charges for the first time, and it is designed to give first-time offenders a second chance.

Second, a person convicted of passing a fraudulent check may be eligible for expungement of that record. An individual may petition for expungement one year after the date of conviction for fraudulent intent in drawing a check, draft or other written order, as long as the crime was not a felony-level offense for a fraudulent check valued in excess of $5,000. The individual also must have no other convictions in the year following the fraudulent-check conviction to qualify for expungement.

Third, expungement may be possible for people sentenced to conditional discharge for simple possession of marijuana. If an individual successfully completes his or her sentencing requirements, all records including the arrest, finding of guilt and discharge will be expunged.

In addition, someone convicted for the first time of non-aggravated Failure to Stop for a Blue Light and Siren may have the record expunged three years after conviction if he or she acquired no other traffic offense convictions in the three-year period after the conviction. Also, with some exceptions, a minor child designated a Youthful Offender for a first, non-violent offense may petition for expungement five years after the date of conviction.

Finally, records of first-offense convictions in municipal court or a magistrate's court may be expunged. An individual may petition for expungement of such a record three years after the date of conviction if he or she has had no other convictions since then, except for convictions on domestic violence, motor vehicle operation, and fish, game and watercraft charges.

South Carolina Expungement Procedure

All applications for expungement of criminal records are administered by the Office of the Solicitor in each of the state's circuits, and petitioners must apply for expungement in the circuit of the offense. Petitioners must pay relevant fees, except in cases that did not result in convictions. After a background check and other verification that the individual qualifies for record expungement, the Solicitor will execute the expungement, obtain signatures from judges and other necessary parties, and file the signed order with the clerk of court.

A criminal conviction can have lasting effects, but expungement of eligible records can bring relief to South Carolina residents. If you would like to know more about criminal record expungement and how to apply, contact a knowledgeable South Carolina criminal defense attorney.

Article provided by Monckton Law Firm, P.A.
Visit us at www.moncktonlawfirm.com