A criminal record, regardless of how long ago the offense occurred or how minor the charge was, is a permanent roadblock to a stable future. It can prevent you from getting the job you want, securing housing, pursuing higher education, or obtaining professional licensing. In South Carolina, the process to clear your name is called expungement, a court-ordered procedure that effectively removes or seals the record of an arrest or conviction from public view.
While the South Carolina General Assembly has expanded expungement eligibility, the process remains complex, governed by various sections of the S.C. Code of Laws, Title 17, Chapter 22. Each statute—from S.C. Code § 17-1-40for dismissals to S.C. Code § 22-5-920 for Youthful Offender Act convictions—has unique eligibility requirements, waiting periods, and application procedures. Failing to file the correct paperwork with the Thirteenth Circuit Solicitor’s Office or the Greenville County Clerk of Court can result in months of costly delays or outright denial. For those in Greenville, navigating the local courts and working with the South Carolina Law Enforcement Division (SLED)requires a meticulous, detail-oriented legal partner. This comprehensive guide details everything you need to know about clearing your criminal record and securing the clean slate you deserve.
I. What Exactly is Expungement, and Why is it Essential?
Expungement is more than just a piece of paper; it is a court order that dictates the destruction or sealing of records related to an arrest, charge, or conviction.
A. The Difference Between a Dismissal, a Pardon, and an Expungement
An arrest or charge, even if dropped, still creates a permanent record accessible to the public and potential employers through background checks.
- Dismissal/Acquittal (Non-Conviction): When a case is Dismissed (Nolle Prossed) or results in a Not Guiltyverdict, the defendant was never convicted. However, the arrest and the charge remain on their public record until successfully expunged.
- Expungement for non-convictions is generally free and has no waiting period.
- Pardon: A pardon is an act of forgiveness that restores civil rights (like the right to vote or possess a firearm). It does not destroy or seal the conviction record. The conviction remains on your record, but it is marked as “pardoned.”
- If you do not qualify for expungement, a pardon may be your only option to restore rights.
- Expungement: This legally removes the record from public scrutiny. Once granted, a person can generally and legally deny the existence of the arrest or charge, except when applying for certain government jobs, law enforcement positions, or military service.
B. The Impact on Your Future
The positive effects of having a record expunged are immediate and significant:
- Employment: The record will not show up on routine private-sector background checks, significantly improving job prospects.
- Housing: Landlords who run background checks for tenancy will not see the expunged record.
- Education: An expunged record removes a barrier to college or financial aid applications.
- Peace of Mind: The emotional and psychological burden of a past mistake is removed, allowing you to move forward without fear of disclosure.
II. Eligibility Pathways: Can My South Carolina Record Be Expunged?
South Carolina law provides several distinct paths for expungement, primarily categorized by whether the charge resulted in a conviction or a dismissal.
A. Non-Conviction Expungements (S.C. Code § 17-1-40)
This is the broadest and most common path for clearing a criminal record.
- Eligibility: You are eligible if the charge was:
- Dismissed (Nolle Prossed): The prosecutor chose not to pursue the case.
- Not Guilty/Acquittal: A judge or jury found you not guilty.
- No Bill: The Grand Jury found insufficient evidence to issue an indictment.
- Waiting Period: None. You can apply immediately once the final disposition is filed.
- Fee Structure: Generally, expungement for non-conviction records is free. Exception: If the charge was dismissed as part of a plea agreement (e.g., you pled guilty to one charge in exchange for the dismissal of a more serious charge), you may be required to pay the standard $250 administrative fee to the Solicitor’s Office.
B. Expungement Through Pre-Trial Intervention (PTI) and Diversion Programs
South Carolina offers several diversionary programs for first-time offenders. Successful completion of these programs results in the charge being dismissed and immediately eligible for expungement.
- Pre-Trial Intervention (PTI): Governed by S.C. Code § 17-22-150(A), this program is available to first-time, non-violent offenders. Completion typically involves counseling, community service, and fees.
- Eligibility: Must be a first-time participant; charge must be non-violent.
- Waiting Period: None; expungement occurs upon successful completion.
- Alcohol Education Program (AEP): For minors charged with certain alcohol offenses (S.C. Code § 17-22-530(A)).
- Conditional Discharge (Drugs): For first-time simple possession of certain controlled substances (S.C. Code § 44-53-450(b)).
- Eligibility: Must successfully complete the probationary period and all required treatment/testing.
C. First-Offense Convictions (Misdemeanors & Summary Court)
For certain low-level, first-offense convictions, the law allows for expungement after a mandatory waiting period, provided no other criminal convictions occur during that time.
1. General Misdemeanor Convictions (S.C. Code § 22-5-910)
- Eligibility: For convictions in Magistrate or Municipal Court (Summary Court) where the maximum penalty was no more than 30 days in jail or a $1,000 fine, or both. This excludes most traffic offenses, except for the explicit exception below.
- Waiting Period: Three (3) years from the date of conviction or completion of the sentence (whichever is later).
- Important Caveat: A first-offense conviction for Unlawful Possession of a Firearm/Weapon may also be expunged under a similar provision, with a three-year waiting period, provided the penalty did not exceed one year or a fine of $1,000.
2. Domestic Violence (First Offense – S.C. Code § 22-5-910)
- Eligibility: For a conviction of Domestic Violence in the Third Degree (DV 3rd) or a first-offense Criminal Domestic Violence (CDV) committed prior to June 4, 2015.
- Waiting Period: Five (5) years from the date of conviction or completion of the sentence. This longer waiting period reflects the seriousness of domestic offenses.
3. Fraudulent Check (First Offense – S.C. Code § 34-11-90(e))
- Eligibility: For a first-offense misdemeanor conviction for fraudulent checks.
- Waiting Period: One (1) year from the date of conviction. This is the shortest waiting period available for a conviction.
4. Failure to Stop for a Blue Light (First Offense – S.C. Code § 56-5-750(f))
- Eligibility: This is the only common traffic offense eligible for expungement in South Carolina, provided it did not involve bodily injury and was a first offense.
- Waiting Period: Three (3) years from the date of conviction or completion of the sentence.
D. Youthful Offender Act (YOA) Convictions (S.C. Code § 22-5-920)
The Youthful Offender Act (YOA) provides a mechanism for non-violent offenders under the age of 25 to receive a specialized sentence.
- Eligibility: Applies to individuals who were under 25 at the time of the conviction for a non-violent offense and received a YOA sentence. A copy of the sentencing sheet is required to confirm YOA status.
- Waiting Period: Five (5) years from the date of completion of the sentence, including any parole or probation period.
- Exclusions: YOA expungement does not apply to violent crimes, domestic violence, or offenses that require registration as a sex offender.
E. Possession with Intent to Distribute (PWID) – S.C. Code § 22-5-930
This section provides a rare opportunity to expunge a major drug conviction.
- Eligibility: For a first-offense conviction for simple possession or PWID.
- Waiting Period: Twenty (20) years from the date of completion of the sentence, and the applicant must have had no other drug or felony convictions during that 20-year period. This extreme waiting period underscores the severity of this particular expungement.
III. The South Carolina Expungement Process: A Step-by-Step Guide
Navigating the bureaucracy of South Carolina’s legal agencies is the most challenging part of the expungement process. A single error can send the application back, wasting months of your time.
A. Step 1: Criminal History Review and Eligibility Assessment
The process begins with obtaining an official copy of your criminal history, often called a “rap sheet,” from the South Carolina Law Enforcement Division (SLED).
- Obtain SLED Report: You must first obtain a certified, up-to-date criminal background check from SLED to verify the exact charge, disposition date, and sentencing authority. SLED provides a method to obtain this through their SLED CATCH System for a fee.
- Verify Disposition: The SLED report must clearly show the final disposition (e.g., “Dismissed,” “Guilty,” “Not Guilty,” “YOA”). If the disposition is missing or unclear, you must contact the Greenville County Clerk of Courtor the relevant Magistrate/Municipal Court to obtain a certified disposition document. Find the official contact information for the Greenville County Clerk of Court.
- Confirm Eligibility: This is where a Greenville SC Expungement Lawyer is critical. We review your entire criminal history against the specific requirements of the eleven or more expungement statutes (e.g., checking the waiting period, verifying the lack of subsequent convictions, and confirming the statutory classification of the offense).
B. Step 2: Application and Fee Submission
The application is handled by the Solicitor’s Office in the circuit where the charge occurred. For Greenville County, this is the Thirteenth Judicial Circuit Solicitor’s Office.
- Complete the Application: The official Expungement Application Packet must be accurately and completely filled out. Many Solicitor’s Offices, including the Thirteenth Circuit, provide specific Greenville County Expungement Application forms on their website.
- Payment Structure: Fees for most conviction or diversion program expungements require three separate money orders, non-refundable even if the application is later denied:
- Solicitor’s Administrative Fee: $250.00 (Payable to the Solicitor’s Office).
- SLED Verification Fee: $25.00 (Payable to SLED).
- Clerk of Court Filing Fee: $35.00 (Payable to the Clerk of Court).
- Note: As mentioned, non-conviction expungements under S.C. Code § 17-1-40 are typically free of these fees.
- Submission: The completed application, supporting documents (certified dispositions, completion letters for YOA/PTI, etc.), and the required money orders are submitted to the Solicitor’s Expungement Division.
C. Step 3: Review, Order, and Compliance
After submission, the application begins its review process across multiple state agencies.
- Solicitor’s Review: The Solicitor’s Office reviews the application to ensure statutory eligibility. If approved, they sign the order and forward it.
- SLED Verification: SLED performs a final check against its central database to confirm eligibility and the lack of any subsequent convictions within the required timeframe.
- Judicial Review: The application is then presented to a Circuit Court Judge in the Court of General Sessions for final review and signature.
- Order of Expungement: Once signed by the Judge, the Order of Expungement is distributed to all relevant agencies—including the arresting police agency (e.g., Greenville Police Department or Greenville County Sheriff’s Office), SLED, and the Clerk of Court—commanding them to destroy or seal all records related to the offense.
D. What to Expect for Timeline
The entire process, from initial application submission to the final signed Order of Expungement, typically takes four to six months (and sometimes longer) due to the multi-agency review and processing backlog. Having an attorney manage this process ensures that the application is correctly filed the first time, preventing administrative delays.
IV. The Role of a Greenville SC Expungement Lawyer
While it is technically possible to file an expungement application on your own, the complexity of the statutes and the financial risk of denial make professional assistance a wise investment.
A. Assessing Complex Eligibility Scenarios
Many cases involve confusing circumstances that only an experienced attorney can unravel:
- Multiple Charges from a Single Incident: Sometimes, multiple low-level charges arising from a single arrest can be treated as a single offense for expungement purposes, but this requires precise legal analysis.
- Conflicting Records: Discrepancies between the original court documents and the SLED record are common. An attorney knows how to file the appropriate motions and obtain the correct certified records to resolve these conflicts.
- Out-of-State Convictions: Having subsequent convictions in another state or federal court can disqualify you. We help determine how these records impact your South Carolina eligibility.
B. Handling Administrative and Court Hurdles
An attorney acts as the single point of contact, tracking the application through all agencies and proactively addressing issues.
- Waiver of Fees: In certain situations, an attorney can argue to have the administrative fees waived or reduced based on the specific disposition.
- Motion Practice: If the Solicitor’s Office or SLED initially denies the application due to an administrative or legal issue, a lawyer can draft and file a formal Motion to Compel Expungement directly with the Circuit Court Judge to argue the case.
- Post-Expungement Confirmation: We ensure that all agencies have actually complied with the court order and that your name has been removed from all public-facing systems.
C. Expungement vs. Pardon: Determining the Best Path
If your conviction is for a serious felony, a violent crime, or a repeat offense that makes you ineligible for expungement, an attorney can pivot your strategy toward seeking a Pardon through the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS). This involves a separate application, investigation, and hearing, which a lawyer can prepare you for.
V. Important Expungement Exceptions and Ineligible Offenses
It is critical to understand the limitations of South Carolina expungement law. Some offenses can never be expunged.
A. Violent and Serious Felonies
- Convictions for violent crimes as defined under S.C. Code § 16-1-60, such as murder, criminal sexual conduct, armed robbery, or Assault and Battery of a High and Aggravated Nature (ABHAN).
- Most other felony convictions.
B. Offenses Requiring Sex Offender Registration
- Any offense that requires the individual to register on the South Carolina Sex Offender Registry is permanently ineligible for expungement.
C. DUI and Most Traffic Offenses
- Driving Under the Influence (DUI), Driving Under Suspension (DUS), and the vast majority of other traffic-related convictions are not eligible for expungement. The only common exception is the first-offense Failure to Stop for a Blue Light (as detailed above). Review our guide on for options on fighting these charges upfront.
D. The Single Expungement Rule
- For most conviction-based expungement statutes (§ 22-5-910, § 22-5-920, etc.), you are only entitled to one expungement in your lifetime. This makes the decision of when and what to expunge a critical, one-time legal choice that should only be made with the guidance of a legal professional.
VI. Conclusion: Secure Your Future with a Greenville Expungement Attorney
A criminal record is a heavy anchor that prevents you from reaching your full potential. The South Carolina expungement laws were created to offer deserving individuals a second chance—a path to the job, apartment, and future they have been denied. But the laws are complex, the paperwork is unforgiving, and the process is lengthy.
Our firm focuses specifically on the local rules and procedures of the Thirteenth Judicial Circuit, giving you a direct advantage in successfully clearing your name. Whether your case involves a complex Youthful Offender Act conviction or a simple, decade-old dismissal, we possess the proven expertise to cut through the bureaucratic red tape and secure your Order of Expungement.
Do not let a past mistake define your future. Contact our Greenville SC criminal defense team today for a confidential consultation to determine your exact expungement eligibility and begin the critical process of securing your clean slate.
