A criminal record can follow you for years, affecting your ability to find a job, secure housing, or even apply for a loan. If you’ve been asking, “Can my criminal record be expunged?” and you live in South Carolina, the good news is that the law allows for the expungement of certain offenses. However, the process is strict, the rules vary based on the type of charge, and the waiting periods can be long.

Knowing whether you’re eligible to clear your record under South Carolina law is the first step. Let’s walk through the types of charges that qualify, how the expungement process works, and how long you might have to wait.

What Is Expungement in South Carolina?

In South Carolina, an expungement is the legal process that removes a criminal charge from your public record. Once a record is expunged, it no longer appears on background checks, and you’re legally allowed to say the incident did not occur. This can open the door to better employment, education, and housing opportunities.

Not all offenses can be expunged. The state has strict guidelines about which charges qualify, how much time must pass, and what conditions must be met. You must apply through the Solicitor’s Office in the county where you were charged.

Charges That Can Be Expunged in South Carolina

Here are the most common categories of offenses that might qualify for expungement in South Carolina:

• First-offense misdemeanors in magistrate or municipal court: You must wait three years from the date of conviction with no other convictions during that time.
• Dismissed or nolle prossed charges: If your charge was dismissed or the prosecutor decided not to move forward, you can request expungement immediately.
• Pre-trial intervention (PTI): If you completed a PTI program successfully, you’re eligible for expungement.
• Youthful offender (YO) offenses: You might qualify after five years if no additional offenses have occurred.
• First-offense simple possession of marijuana: Eligible after three years with a clean record.
• Certain fraudulent check charges: After one year, if no other convictions happened.
• Failure to stop for a blue light (first offense): Eligible after three years.
• First-offense conviction under the Alcohol Education Program (AEP): Eligible upon successful completion.

Violent crimes, most felonies, and offenses involving moral turpitude are not eligible for expungement in South Carolina.

How Long Do You Have to Wait?

The waiting period depends on the type of charge and the outcome of your case. Here’s a quick breakdown:

• Dismissed charges: No waiting period
• PTI or diversion programs: Apply after successful completion
• Misdemeanors: Wait 3 years
• Youthful Offender Act: Wait 5 years

During the waiting period, you must not be convicted of any other criminal offense. If you’re charged with something else during that time, the clock resets.

How the Expungement Process Works

1. Determine your eligibility by reviewing the type of offense and the date of the conviction or dismissal.

2. Contact the Solicitor’s Office in the county where your charge occurred. Each county has a specific expungement coordinator who will help guide your paperwork.

3. Complete the application and pay any required fees. The cost varies but usually includes an administrative fee and a SLED (State Law Enforcement Division) background check.

4. Wait for processing. This can take several months, depending on the county.

5. Receive confirmation. If your expungement is granted, you will get documentation that your record has been cleared.

It’s highly recommended to consult with an attorney to make sure your application is accurate and complete. Mistakes or missing details could delay or even prevent your expungement.

Why Expungement Matters

Having a criminal charge on your record can make daily life more difficult. Even a single conviction for a minor offense can show up on a background check and limit your opportunities. Expungement gives people a second chance by legally erasing that mistake.

If you’re unsure about whether you’re eligible or don’t know where to start, talking with a South Carolina attorney who handles expungement cases is a smart move. Each case is different, and having someone on your side can make the process smoother.

We’re Here to Help with Expungement Questions

Winslow Law serves individuals and families throughout South Carolina who are seeking a second chance through the expungement process. With offices in Myrtle Beach, Pawleys Island, and Columbia, our attorneys understand the challenges that come with having a criminal record and work closely with clients to help them move forward with confidence.

Winslow Law—Committed counselors for our clients and community.

FAQs

1. How much does it cost to get a criminal record expunged in South Carolina?

The total cost can vary by county but usually includes a $250 administrative fee, a $25 SLED fee, and sometimes additional court processing costs. If your charge was dismissed or nolle prossed, the expungement is usually free.

2. Can I expunge a felony in South Carolina?

Most felonies are not eligible for expungement. However, some exceptions exist, such as first-time non-violent offenses that went through diversion programs. It’s best to speak with an attorney to evaluate your specific case.

3. Do I need a lawyer to get an expungement?

While it’s not required by law, having a lawyer helps. The process can be confusing, and legal help ensures everything is filled out correctly and submitted on time. Mistakes could delay or deny your expungement.