South Carolina Criminal Defense Attorneys

Am I Eligible For An Expungement in South Carolina?

AS OF JUNE 2, 2009, the law regarding when you may seek an expungement has changed.

You are eligible for an expungement if:

1. You are charged with a criminal offense and the charge is dismissed, the proceeding against you is dismissed, or you are found not guilty.

2. You are referred to, and successfully complete, PTI.

3. If it is the first time that you have written a bad check and

a. One year has passed since the date you were convicted,
b. You have not had any criminal charges made against you in the year since your

conviction,

AND
c. You have not had a charge expunged before.

4. Three years have passed since you were convicted of a charge carrying a penalty of not more than thirty days imprisonment or a fine of $500 or both and this was your first offense.

5. You are referred to, and successfully complete, an alcohol education program.

6. You were convicted and sentenced as a youthful offender in General Sessions and

a. This was your first conviction,
b. 5 years have passed since the date of your conviction,
c. This was your first offense,
d. It was not a motor vehicle offense,
e. You were not charged with a violent crime,
f. You were not charged with, or a crime related to, criminal domestic violence,
g. You have not been convicted in the 15 years since your conviction,
h. You have not had a prior expungement.

7. If it is the first time that you were charged with possession of marijuana or hashish and

a. You were not over 25 when you were charged with possession,
b. The charge did not involve a schedule I or II narcotic drug,
c. The circuit court determined that you successfully complied with the terms of the conditional sentence and you meet the other qualifications for expungement.

8. If you failed to stop for a blue light and
a. The charge was your first offense for failure to stop for a blue light,
b. No one was hurt,
c. Three years have passed since you completed all of the terms of your sentence, AND
d. You have not any convictions in the three years since you completed your sentence.

9. If five years have passed since you completed a sentence (including probation or parole) imposed as a juvenile for a non-violent crime and
a. You are now 18 years of age,
b. You have never been charged with a previous crime that would have carried 5 or more years if you had been charged as an adult,
c. You have successfully completed all of the terms of your imposed sentence, AND
d. You have not been charged with any other crime since your conviction.

10. You were convicted of domestic violence pursuant to South Carolina statute 16-25-20 and five years have passed since the date of your conviction.

11. or as otherwise provided for under the law.

Need to know whether you are eligible for an expungement? Contact the criminal defense attorneys today for a free consultation.  We offer flexible payment options and accept Visa and Mastercard.