1. What is an expungement?
The destruction or sealing of records in order to restore a person to the status they had previous to their detainment, custody, arrest,indictment, or conviction. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or information, or trial in response to any inquiry made of him for any purpose.
2. Who is eligible to get records expunged?
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:
1) Section 17-1-40. The charge was dismissed, nol prossed, or the defendant was found not guilty.
2) Section 17-22-150. The defendant successfully completed the Pre-Trial Intervention Program.
3) 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.
4) Section 44-53-450 (b). The defendant was convicted of 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.
5) 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) may not be expunged, and no additional criminal activity has taken place within three years from the date of conviction.
6) 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.
7) Section 22-5-920. Following the first offense conviction as a youthful offender, the defendant after fifteen 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. Motor vehicle, fish, game, and watercraft, and domestic violence offenses are not eligible.
3. What records may be expunged?
All official records (other than the nonpublic records to be retained for purposes of confirming first offender status or first expungement in later applications) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge. Juveniles records of adjudication and being taken into custody may also be expunged. Also, DNA records and samples of a conviction or adjudication that has been reversed, set aside, or vacated may be destroyed under§ 23-3-660.
4. How do I get records expunged?
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 proposed order to SLED to confirm that the criminal charge is statutorily appropriate for expungement.
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 category #1.)
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 may process steps A through E for the applicant
and will provide the guidance necessary for the applicant to accomplish
steps E through H.
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 one hundred fifty dollars ($150.00) 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.
Requests arising under Section 17-1-40, where the charge was dismissed,
nol prossed, or the defendant was found not guilty on a General Sessions
charge in this Circuit will be processed free of charge within 30 days
of said disposition provided the applicant fully prepares and submits the
proper form to the solicitor who actually handled the case.
