Overcoming A Criminal Record (Expungement)

This information is specific to South Carolina charges and convictions. Different laws apply in other states and for federal convictions.

Expungements

Expungement is the destruction of records of an arrest or conviction so that the offense no longer appears on a background check ("rap sheet"). The South Carolina State Law Enforcement Division (SLED) is the state agency responsible for keeping reports of arrests and convictions in South Carolina. SLED reports may be obtained for a fee of $25 at SLED (www.sled.sc.gov) for $25. Even if charges against you were dismissed or you were found not guilty, information about the charges may still show up on your record.

Eligible Offenses

Not all convictions can be expunged. Traffic convictions generally cannot be expunged, however, there are a few exceptions, such as failure to stop for a blue light. Fish and wildlife convictions CANNOT be expunged.

The following CAN be expunged:

• Dismissed or nol prossed (not prosecuted) charges, or "not guilty" verdicts;
• Charges dismissed because of successful completion of a diversion program such as Pre-Trial Intervention (PTI) or Alcohol Education Program (AEP);
• Convictions after completing the SC Youth Challenge Academy AND SC Jobs Challenge Program;
• 1st offense misdemeanor convictions under the Fraudulent Check Law, as long as there are no additional criminal convictions 1 year from the date of conviction;
• Convictions carrying a maximum penalty of up to 30 days in jail and a $1,000 fine, or first offense convictions of unlawful possession of a firearm, as long as there are no additional criminal convictions within 3 years of the date of conviction (5 years for criminal domestic violence);
• 1st offense convictions for either simple possession of a controlled substance or unlawful possession of a prescription drug as long as there are no additional criminal convictions within 3 years following the completion of the sentence to include probation and parole;
• 1st offense convictions for possession with intent to distribute a controlled substance as long as there are no other drug convictions or felony convictions in any state within 20 years following the completion of the sentence to include probation and parole;
• 1st offense misdemeanor convictions for failure to stop for a blue light as long as there are no other convictions within 3 years following the completion of all terms and conditions of the sentence;
• Nonviolent juvenile offenses as long as you are now at least 18 years old and you have no prior or subsequent convictions and no pending charges in family court or general sessions court;
• Convictions processed under the Youthful Offender Act as long as there are no convictions within 5 years after completion of the sentence to include probation and parole (now applies to individuals who could have been sentenced under YOA prior to June 2, 2010);
• Charges obtained as a direct result of being a victim of human trafficking.

How to Get an Expungement

For non-convictions in Magistrate or Municipal Court, you must contact the Court to apply. For all other types of expungements, contact the Solicitor in the county where the charge or conviction occurred. While not required, the assistance of an attorney may be helpful to complete this process.

The following fees must be paid for an expungement: $250 to Solicitor (for all except type 1); $35 to Clerk of Court (for all except type 1); and $25 to SLED (for all except types 1 and 2).

Pardons

Many convictions cannot be expunged. There is another option. A pardon is the State's forgiveness of a person for all the legal consequences of a crime. It does not remove the conviction from your criminal record, however, the conviction is noted as "pardoned." Many employers will consider a job applicant if the applicant's convictions have been pardoned.

To be eligible, you must generally have discharged your sentence, completed probation, or if on parole, completed at least 5 years under supervision. You must also have paid all restitution and collection fees.

How to Get a Pardon

• Complete the application, available from the SC Department of Probation, Parole, and Pardon Services (www.ppp.sc.gov).
• List all convictions on the application.
• Provide three letters of reference from individuals not related to you by blood or marriage (preacher, former employer, etc.).
• Pay $100 filing fee.
• A hearing is scheduled before the Board. Attendance is recommended but not required.
• There is no guarantee that you will receive a pardon; the burden is on you to show that you have "changed."