Overview Description

Records relating to a delinquency matter where the person was found not guilty will be expunged, so long as the person is not subject to a disqualifying event. S.C. Code Ann. § 63-19-2050(C)(3).

Ineligible Category or Citation

A person is ineligible for expungement if the person has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult, did not successfully complete their initial sentence; has been subsequently adjudicated for or convicted of any criminal offense, or has any criminal charges pending in family court or general sessions court. S.C. Code Ann. § 63-19-2050(C)(3). An adjudication for a violent crime is not eligible for expungement. S.C. Code Ann. § 63-19-2050(C)(3).

Procedure General

The applicant apllies to the solicitor in the circuit in which the offense(s) was committed. S.C. Code Ann. § 17-22-940.

For the specific procedure, see S.C. Code Ann. §§ 17-22-940, 63-19-2050(A), (B).

 

Fees

Effect

The court can expunge all official records relating to the arrest, charges, adjudication, and disposition. S.C. Code Ann. § 63-19-2050(A).

The effect of the expungement order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person as to whom the expungement order has been entered can be lawfully expected to disclose the expunged information for any purpose. S.C. Code Ann. § 63-19-2050(E).

For further information on the effect of expungement, see S.C. Code Ann. § 63-19-2050(D).

Forms

 

For forms regarding expunging a record in South Carolina, visit here and here.

Waiting Periods

The petition can be filed at any time.

(non-prod server)