Expungement Attorneys in South Carolina
Expungement in South Carolina
Under South Carolina law expungement, or the destruction of certain criminal records, is available for individuals arrested or charged of a variety of first offenses, minor violations, and charges where you were not convicted. Unlike most states, South Carolina only permits the expungement of your records, meaning the records are destroyed and it is as if the offense never happened. Your criminal record will not show up in routine background checks or licensing investigations, and you are legally allowed to answer “no” to questions regarding arrests or convictions.
South Carolina does have waiting periods before you are eligible to apply depending on the nature of the violation. If you were arrested, but not convicted, you are eligible immediately and there is no fee for your expungement. In other cases the period depends on the offense:
- Marijuana convictions are eligible upon completion of their sentence.
- Bad check convictions must wait a minimum of one (1) year.
- Minor convictions resulting in 30 days or less in jail must wait three (3) years.
- First juvenile offenses or adult domestic violence offenses must wait five (5) years.
South Carolina does not allow for the expungement of hunting violations. In addition, the only motor vehicle expense eligible for expungement is your first offense for failing to stop for law enforcement.