Quick Answer: Yes, But Eligibility Depends on Your Specific Charges
If you have a criminal record in South Carolina, you may be eligible to have certain charges or convictions removed through a legal process called expungement. Whether you qualify depends on the type of offense, how much time has passed, and whether you’ve had any subsequent convictions. This comprehensive guide explains South Carolina’s expungement laws, who qualifies, and how attorney Erika Baldwin at Baldwin Law can help you determine your eligibility and navigate the process.
What Is Expungement and Why Does It Matter?
Expungement is a court-ordered legal process that removes or seals criminal records from public view, making it as though the arrest or conviction never happened. According to the South Carolina Judicial Branch, expungement destroys or seals state records of arrests, charges, and convictions.
What Happens When Your Record Is Expunged?
When a South Carolina judge grants an expungement order, several important things occur:
- Government agencies destroy or seal your criminal records – Law enforcement, courts, and prosecutors remove information about the expunged charge from their systems
- The charge disappears from background checks – The expunged arrest or conviction no longer appears on South Carolina Law Enforcement Division (SLED) background checks
- You can legally deny the arrest or conviction – Under South Carolina law, once expunged, you’re legally permitted to state that the arrest or conviction never occurred when asked on job applications, housing applications, or in most other situations
- Your rights are restored – The expungement restores you, in the eyes of the law, to the status you held before the arrest
Why Clearing Your Record Matters
A criminal record creates barriers that can affect virtually every aspect of your life. Even charges that were dismissed or resulted in acquittal remain on your record unless expunged. Here’s how a criminal record impacts your opportunities:
Employment Barriers: Most employers conduct background checks. A criminal record can disqualify you from job opportunities, professional licensing, or career advancement. According to the National Association of Criminal Defense Lawyers, over 70% of employers conduct criminal background checks, and many automatically reject applicants with criminal histories.
Housing Difficulties: Landlords routinely screen tenants using criminal background checks. A record can result in application denials, higher security deposits, or rejection from public housing programs.
Educational Limitations: Some colleges and universities ask about criminal history on applications. Certain convictions may affect eligibility for federal student financial aid and scholarships.
Professional Licensing: Many professions—including healthcare, education, law, real estate, and financial services—require state licensing that can be denied or revoked based on criminal convictions.
Personal Reputation: Criminal records are public information. Anyone can access them, potentially affecting personal relationships, community standing, and your reputation.
Who Qualifies for Expungement in South Carolina?
Not all criminal charges and convictions can be expunged in South Carolina. The state’s Uniform Expungement of Criminal Records Act (South Carolina Code Section 17-22-910 et seq.) specifies exactly which offenses are eligible and under what circumstances.
1. Dismissed, Not Guilty, or Non-Prosecuted Charges
If charges against you were dismissed, nolle prossed (not prosecuted), no-billed by a grand jury, or you were found not guilty at trial, you’re eligible for expungement of those charges immediately. These are the easiest expungements to obtain because there was no conviction.
South Carolina Code Section 17-1-40 requires that arrest records, files, photographs, and fingerprints be destroyed when charges result in dismissal or acquittal. However, this doesn’t happen automatically—you must apply for the expungement.
Important note: If charges were dismissed as part of a plea agreement where you pled guilty to other charges, the dismissed charges can still be expunged, but you’ll need to pay standard expungement fees (they’re not free).
2. Pre-Trial Intervention (PTI) and Diversion Programs
If you successfully completed a Pre-Trial Intervention program, Alcohol Education Program (AEP), or Traffic Education Program (TEP), your charges are eligible for expungement. These diversion programs are designed for first-time, non-violent offenders and typically result in dismissed charges upon successful completion.
According to South Carolina Code Section 17-22-150, completing PTI allows you to apply for expungement of the related charges. The expungement restores you, in the contemplation of the law, to the status you held before the arrest. After expungement, you can legally state that the arrest never occurred without committing perjury.
3. First-Offense Drug Possession (Simple Possession)
South Carolina recently expanded expungement eligibility to include first-offense simple drug possession convictions. This represents a significant policy shift recognizing that minor drug offenses shouldn’t permanently derail someone’s future.
Under current law, first-offense simple possession convictions become eligible for expungement three years after you complete your sentence, provided you have no other convictions during those three years. This includes possession of marijuana, cocaine, prescription drugs without authorization, and other controlled substances.
Important limitation: Possession with Intent to Distribute (PWID) has much stricter requirements—it’s only eligible for expungement 20 years after completing the sentence if you have no other drug or felony convictions during that period.
4. Minor Misdemeanor Convictions (30-Day/$1,000 Maximum Penalty)
Convictions for certain low-level misdemeanors can be expunged after a waiting period. Specifically, misdemeanor convictions carrying a maximum penalty of 30 days in jail and/or a $1,000 fine may be eligible.
Key requirements according to SC Appleseed Legal Justice Center:
- Three-year waiting period – You must wait three years from the date of conviction with no additional convictions (excluding minor traffic violations not involving DUI)
- Five-year waiting period for domestic violence – First-offense Criminal Domestic Violence convictions require a five-year waiting period with no subsequent convictions
Significant 2019 change: South Carolina law previously limited expungement of these minor misdemeanors to “first offenses.” The law now allows expungement of any eligible 30-day/$1,000 misdemeanor as long as you haven’t had subsequent convictions for three (or five) years. Multiple eligible misdemeanor offenses received at a single sentencing proceeding count as one offense for expungement purposes.
Examples of commonly expunged minor misdemeanors include shoplifting, simple possession of marijuana, disorderly conduct, trespassing, and public intoxication.
5. Fraudulent Check (First Offense)
First-offense convictions for fraudulent checks (bad checks or worthless checks) are eligible for expungement if you have no additional convictions within one year from the date of conviction.
6. Youthful Offender Act Convictions
If you were eligible for sentencing under the Youthful Offender Act but weren’t sentenced under those provisions, you may now qualify for expungement. South Carolina law changed in 2018 to allow retroactive relief for individuals convicted prior to June 2, 2010, who would have been eligible as youthful offenders (individuals aged 17-24 at the time of the offense).
7. Failure to Stop for Blue Light (First Offense)
A first-offense conviction for failure to stop for a blue light is eligible for expungement three years after completing the sentence, provided the offense didn’t involve bodily injury and you’ve had no other convictions during the three-year period. This is one of the rare traffic-related convictions that can be expunged.
8. Victims of Human Trafficking
If you were charged and convicted of human trafficking or prostitution as a victim of human trafficking, you may be eligible for expungement. South Carolina recognizes that trafficking victims are often coerced into criminal activity and shouldn’t be permanently branded with criminal records for actions they were forced to commit.
What Criminal Records CANNOT Be Expunged in South Carolina?
Understanding what cannot be expunged is equally important. South Carolina law specifically prohibits expungement for:
Most Traffic Convictions: With the exception of first-offense failure to stop for a blue light, traffic convictions generally cannot be expunged. This includes DUI convictions, reckless driving, driving under suspension, and most other moving violations.
Violent Crimes: Offenses classified as violent crimes under South Carolina Code Section 16-1-60 cannot be expunged. These include murder, voluntary manslaughter, assault and battery of a high and aggravated nature, kidnapping, criminal sexual conduct, armed robbery, and many others.
Most Felonies: The vast majority of felony convictions are not eligible for expungement. The main exceptions are first-offense simple drug possession (after 20 years for PWID) and youthful offender cases.
Sex Offenses Requiring Registration: Any offense requiring registration under the South Carolina Sex Offender Registry Act cannot be expunged.
Fish and Wildlife Convictions: All fish and wildlife-related convictions are specifically excluded from expungement eligibility.
Convictions Pending Appeal: You cannot expunge a conviction that’s currently under appeal.
How Does the South Carolina Expungement Process Work?
The expungement process in South Carolina involves several steps and can take several months from application to final court order. Understanding this process helps you know what to expect.
Step 1: Determine Your Eligibility
Before beginning the application process, you need to accurately identify:
- The exact charges you want expunged
- Whether those charges qualify under South Carolina law
- Whether you’ve met all waiting periods and requirements
- The county where the charges originated
You can obtain your South Carolina criminal history from SLED for a $25 fee. This official record shows all arrests and convictions on file. Review it carefully to identify what can potentially be expunged.
Baldwin Law can evaluate your criminal history and advise you on which charges qualify for expungement, potentially saving you time and application fees on ineligible charges.
Step 2: Gather Required Documentation
You’ll need certified copies of court dispositions (the outcome of each case) for every charge you’re seeking to expunge. These documents are maintained by:
- Magistrate or Municipal Court clerks for summary court charges
- Clerk of Court in the county where you were charged for General Sessions (felony and higher-level) charges
Some counties also require additional documentation, such as proof that you’ve completed all sentence requirements, paid all fines and restitution, or proof of program completion for diversion programs.
Step 3: Complete the Expungement Application
Each county’s Solicitor’s Office handles expungement applications for that jurisdiction. You must apply in the county where the arrest or charge occurred. Application forms are typically available on solicitor websites or in person at their offices.
The application requires detailed information including:
- Your personal identification information
- Details about each charge to be expunged
- Dates of arrest, conviction, and sentence completion
- Your criminal history
- Certification that you meet all eligibility requirements
Step 4: Pay Required Fees
Expungement fees vary by charge type and county. According to South Carolina law:
Free Expungements (No Fees Required):
- Dismissed, nolle prossed, no-billed, or not-guilty charges that were NOT dismissed as part of a plea agreement
- Charges dismissed due to identity theft (with official documentation)
Standard Fees (Vary by County, Typically $250-$350 Per Charge):
- Convictions eligible for expungement (minor misdemeanors, drug possession, etc.)
- Dismissed charges that were part of a plea agreement
- PTI and diversion program completions
Fees must be paid by money order or cashier’s check and are non-refundable, even if your expungement is denied.
Step 5: Solicitor Review and Court Hearing
After you submit your application and fees, the Solicitor’s Office reviews your paperwork for completeness and statutory eligibility. If everything is in order, the solicitor prepares an expungement order and schedules a court hearing (though attendance is often not required for routine expungements).
At the hearing, the judge reviews the expungement petition and determines whether to grant the order. If approved, the judge signs the expungement order.
Important: Expungement is discretionary, meaning the solicitor and judge have authority to deny applications even if you technically meet statutory requirements. This is why having an experienced attorney can be valuable—they understand what solicitors look for and can present your case persuasively.
Step 6: Distribution of Expungement Order
Once signed by the judge, the expungement order is distributed to all relevant agencies:
- South Carolina Law Enforcement Division (SLED)
- FBI (if applicable)
- County law enforcement agencies
- Court systems
- Arresting agencies
These agencies are legally required to destroy or seal the records referenced in the expungement order.
Step 7: Verify Expungement Completion
After several weeks, you should verify that the expungement has been properly processed by ordering a new SLED background check. This ensures that the expunged charges no longer appear on your official criminal history.
How Long Does Expungement Take in South Carolina?
The typical expungement process takes 3 to 6 months from application submission to final completion. However, timelines vary significantly based on:
- Court docket congestion – Busier courts may have longer processing times
- Complexity of your case – Multiple charges or charges from different jurisdictions take longer
- Solicitor’s office caseload – Processing speed varies by county
- Application completeness – Incomplete applications cause delays while additional documentation is obtained
- Background check results – If SLED identifies unreported convictions that affect eligibility, additional time is needed
Having an attorney handle your expungement can often expedite the process, as experienced counsel knows exactly what documentation is required and how to present applications that satisfy all requirements upfront.
Common Questions About South Carolina Expungement
Can I Expunge Multiple Charges at Once?
Yes. If you have multiple eligible charges, you can often include them in a single expungement application, particularly if they’re from the same county. However, each charge typically requires separate fees (except for charges from a single sentencing proceeding, which may count as one offense).
If you have charges in multiple counties, you must file separate applications in each county where charges originated.
Will Expungement Remove My Record from Private Background Check Companies?
Expungement removes records from government databases, but private background check companies may retain outdated information in their commercial databases. These non-government businesses compile criminal history information from public records but don’t always update their files when records are expunged.
After your expungement is complete, you should submit a copy of your expungement order to any private background check companies that still show the expunged charge. Most reputable companies will remove the information upon receiving proof of expungement, though this may require persistent follow-up.
Do I Need an Attorney for Expungement?
You are not legally required to hire an attorney for expungement. The process can be completed on your own by working directly with the county Solicitor’s Office.
However, having experienced legal representation provides several advantages:
- Accurate eligibility determination – Attorneys understand the nuances of expungement law and can identify charges you may not realize are eligible
- Complete and correct applications – Lawyers know exactly what documentation is required, preventing delays from incomplete submissions
- Persuasive presentation – Since expungement is discretionary, an attorney can present compelling arguments for why your expungement should be granted
- Handling complications – If issues arise (such as unreported charges, jurisdictional questions, or objections from prosecutors), an attorney can navigate these challenges effectively
- Time savings – An attorney handles all paperwork, filing, and follow-up, saving you hours of research and legwork
Baldwin Law regularly assists clients throughout Greenville County, Spartanburg County, Anderson County, Pickens County, Oconee County, and Laurens County with expungement applications, providing personalized service that increases the likelihood of success.
Can Expungement Be Denied Even If I’m Eligible?
Yes. Expungement in South Carolina is discretionary, not automatic. Even if you meet all statutory eligibility requirements, the solicitor or judge can deny your application.
Common reasons for denial include:
- Pending charges or active warrants
- Unreported convictions discovered during the review process
- Failure to complete all sentence requirements (unpaid fines, incomplete community service, etc.)
- Pattern of criminal behavior (even if individual charges are eligible)
- Objections from victims or law enforcement
This discretionary nature makes legal representation particularly valuable. An experienced attorney like Erika Baldwin understands what factors influence solicitors’ decisions and can present your case in the most favorable light.
What’s the Difference Between Expungement and a Pardon?
Expungement and pardons serve different purposes:
Expungement destroys or seals criminal records, making them unavailable on background checks. After expungement, you can legally deny the arrest or conviction. Expungement is handled by the courts and solicitors’ offices.
Pardon is the state’s official forgiveness for a crime. A pardon does NOT remove the conviction from your record—the conviction remains visible on background checks, but it’s noted as “pardoned.” Many employers look favorably on pardoned convictions. Pardons are granted by the South Carolina Board of Probation, Parole and Pardon Services, and the application process is entirely separate from expungement.
If you don’t qualify for expungement, a pardon may be an alternative option worth exploring. According to SC Appleseed Legal Justice Center, approximately 70% of pardon applications are granted.
Beyond Expungement: Other Ways to Address Your Criminal Record
If your conviction doesn’t qualify for expungement, you still have options:
Apply for a Pardon
As mentioned above, pardons don’t erase your record but provide official state forgiveness. To be eligible, you generally must:
- Have completed your sentence, including probation or at least five years on parole
- Paid all fines, restitution, and collection fees
- Submit three letters of reference
- Pay a $100 filing fee
- Attend a hearing before the Pardon Board (recommended but not required)
Seek Non-Disclosure of Records
While South Carolina doesn’t have comprehensive non-disclosure laws like some states, certain employment protections exist. For example, employers cannot discriminate based solely on arrest records that didn’t result in conviction (though they may still appear on background checks until expunged).
Be Proactive and Transparent
If you cannot expunge or pardon a conviction, being upfront with employers and landlords while explaining the circumstances, what you’ve learned, and how you’ve changed can sometimes overcome the stigma. Many employers give second chances, especially for minor offenses or convictions that occurred long ago.
Why Choose Baldwin Law for Your Expungement?
Attorney Erika Baldwin brings extensive experience in South Carolina criminal defense and understands how criminal records impact clients’ lives long after cases are resolved. Baldwin Law’s approach to expungement includes:
Comprehensive Record Review: The firm obtains and thoroughly reviews your complete criminal history, identifying all potentially eligible charges.
Clear Eligibility Assessment: Attorney Baldwin provides honest, accurate advice about which charges qualify for expungement and realistic timelines.
Complete Application Preparation: Baldwin Law handles all paperwork, gathers required documentation, and ensures applications meet all solicitor and court requirements.
Persuasive Advocacy: When expungement is discretionary, experienced advocacy makes a difference. Attorney Baldwin presents compelling arguments for why your expungement should be granted.
Multi-County Coordination: If you have charges in multiple counties, the firm coordinates applications across jurisdictions.
Follow-Through: Baldwin Law follows up to ensure expungement orders are properly processed and distributed to all relevant agencies.
As a Legal Elite criminal defense attorney recognized in 2023, 2024, and 2025, Erika Baldwin has the experience and reputation to effectively handle your expungement. Read what clients say about working with Baldwin Law.
Take the First Step Toward a Fresh Start
A criminal record doesn’t have to define your future. If you have charges or convictions on your record in South Carolina, expungement may be possible. The sooner you explore your options, the sooner you can move forward without the burden of a criminal record holding you back.
Contact Baldwin Law today at 864-209-1294 or visit the contact page for a confidential consultation about your expungement eligibility. The firm serves clients throughout Greenville, Spartanburg, Anderson, Pickens, Oconee, and Laurens counties.
Baldwin Law handles all types of criminal defense matters, including drug crimes, violent crimes including assault and battery, property crimes like theft and burglary, gun charges, traffic violations, and other criminal charges. When you’re ready for a fresh start, Baldwin Law is ready to help.
About Baldwin Law: Erika Baldwin is an award-winning criminal defense attorney serving South Carolina’s Upstate region. With recognition as a Legal Elite attorney in criminal defense for three consecutive years (2023, 2024, and 2025), Attorney Baldwin provides experienced, compassionate representation to clients seeking to clear their criminal records and move forward with their lives. Learn more about Erika Baldwin and the firm’s approach to criminal defense.
Disclaimer: This blog post provides general information about South Carolina expungement law and does not constitute legal advice. Expungement eligibility is highly fact-specific and depends on your individual circumstances, charges, and criminal history. Laws and procedures are subject to change. For advice about your specific situation, please contact Baldwin Law for a confidential consultation.
