What is the Expungement Process in South Carolina?

Our David W. Martin Law Group criminal defense attorneys in Fort Mill and Rock Hill know that when our South Carolina residents are seeking an expungement, they are doing so to pursue a better life. And we want to help.

Getting your criminal record expunged can give you a better chance of getting a job, professional licenses, housing, or loans while preventing the past conviction from being used to impeach your credibility.

Our York County criminal defense lawyers know that an expungement can give you a fresh start, and the complications of pursuing a brighter future should never present a roadblock for our clients.

Here is how we can help.

What Does a South Carolina Expungement Do?

In South Carolina, our residents can apply to have certain arrests, charges, or convictions erased — or expunged — from their criminal records through a court order, so it is no longer visible during a background check, as if it never existed.

What Types of Arrests, Charges, or Convictions Can Be Expunged in South Carolina?

South Carolina expungements can only erase arrests, charges, or convictions that occurred in the Palmetto State, and only certain types can be expunged.

The following types of arrests, charges, or convictions CAN be expunged in South Carolina:

  • Charges that were dismissed, not prosecuted, or were found not guilty.
  • Charges that require the successful completion of a Pre-Trial Intervention Program (PTI).
  • Charges that require the successful completion of a Traffic Education Program (TEP).
  • Charges that require the successful completion of an Alcohol Education Program (AEP).
  • Convictions of a first offense misdemeanor for writing a fraudulent check where one year has passed, and the individual has not been convicted of another criminal charge.
  • Convictions of a first offense misdemeanor drug possession with a conditional discharge where all terms were completed.
  • Convictions of Public Disorderly Conduct with a conditional discharge where all terms were completed.
  • Convictions of a crime with a maximum penalty of 30 days or $1000 where three years have passed, and the individual has not been convicted of another criminal charge.
  • Convictions of a third-degree domestic violence charge where five years have passed, and the individual has not been convicted of another criminal charge.
  • Convictions of a first offense under the Youthful Offender Act (YOA) where five years have passed since the individual’s sentence was completed.
  • Convictions of a first offense failure to stop your vehicle for the police where three years have passed, and the individual has not been convicted of another criminal charge and their sentence was completed.
  • Convictions of a first offense simple possession where three years have passed, and the individual has not been convicted of another criminal charge and their sentence was completed.
  • Convictions of a first offense possession With Intent to Distribute, where 20 years have passed, and the individual has not been convicted of another criminal charge and their sentence was completed.
  • Convictions for human trafficking or prostitution where participation in the offense was the direct result of being a victim.

The following types of arrests, charges, or convictions CANNOT be expunged in South Carolina:

If your charge is not eligible for an expungement, you may still be able to clear your record with an application for a pardon.  In South Carolina, applications for a pardon are made with the South Carolina Department of Probation, Parole, and Pardon Services.  Contact us and allow our attorneys to work with you for your pardon application.

Contact Our Experienced Attorneys in Fort Mill and Rock Hill, South Carolina Today

If you are ready to pursue a fresh start, contact our skilled criminal defense and expungement attorneys in Fort Mill and Rock Hill, South Carolina at the David W. Martin Law Group today at (803) 548-2468 to discuss your eligibility to have an arrest, charge, or conviction removed from your criminal record.

 

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David W. Martin Law Group

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SC 29715-1722
(803) 548-2468

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Greenville, SC 29607
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