Can Criminal Charges Be Expunged in South Carolina?

In South Carolina, you can erase an arrest or conviction from your record by applying for an expungement. Unfortunately, many convictions cannot be expunged, although certain misdemeanor offenses do qualify. An expungement does much more than clear an arrest or conviction from your record. It can help you secure suitable housing, get a well-paying job, and renew occupational licensure. If you would like to discuss your expungement eligibility or other legal protections, feel free to reach out to our Gaffney criminal defense attorneys today.

Offenses Eligible for Expungement in Gaffney, SC

The following offenses can be expunged in South Carolina:

• Dismissed or “not guilty” verdicts
• Charges dismissed due to 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
• First offense misdemeanor convictions under the Fraudulent Check Law (as long as there are no additional convictions one year from the date of conviction)
• Class C misdemeanor convictions (maximum penalty of 30 days in jail and a $1,000 fine), first offense convictions of unlawful possession of a firearm, provided there are no additional criminal convictions within three years of the date of conviction (five years for criminal domestic violence)
• First offense conviction for certain drug possession charges, provided there are no additional criminal convictions within three years following the completion of the sentence (to include probation and parole)
• First offense conviction for intent to distribute a controlled substance, provided 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)
• First offense misdemeanor convictions for failing to pull over for a police officer, provided there are no other convictions within three years following the completion of your sentence (other traffic convictions generally cannot be expunged)
• Nonviolent juvenile offenses, as long as you are currently at least 18 years old, have no prior or subsequent convictions, and no pending charges in family court or general sessions court
• Convictions processed under the Youthful Offender Act (given certain parameters)
• Charges obtained because of being the victim of human trafficking

How to Apply for an Expungement in South Carolina

Expungement applications are governed by Title 17, Chapter 22 of the South Carolina Code. For non-convictions in a magistrate or municipal court, you will need to contact the court to apply. For all other expungements, you will need to contact the Solicitor’s office in the county where the charge or conviction occurred.

The Cherokee County Solicitor’s Office processes expungements for Spartanburg and Cherokee counties. Two fees will be involved: a $250 fee to the Solicitor, a $35 fee to the Clerk of Court, and a $25 fee to the South Carolina Law Enforcement Division (SLED). Although this process can be completed with an attorney, it is wise to retain legal counsel, as it is intricate. At Parker & Bain, LLC, our criminal defense attorneys will assess your eligibility and walk you through the necessary steps to avoid any delays due to missing forms or information.

Reach Out to Our Gaffney Criminal Defense Lawyers Today

An expungement can open up possibilities, allowing you to start with a clean slate. South Carolina has restrictive rules on what offenses are eligible for expungement, making it necessary that you speak with our legal team. At Parker & Bain, LLC, we will evaluate your past charges or convictions to determine what legal relief may be available to you. To arrange your consultation with one of our Gaffney criminal defense attorneys, contact us online or by calling (864) 252-2650 today.