Overview Description

Records relating to nonviolent charges can be expunged once the person turns 17, so long as the person is not subject to a disqualifying event. S.C. Code Ann. § 63-19-2050(C)(2), (3).

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 sentence, has been subsequently adjudicated for or convicted of any criminal office, 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).

The applicant applies 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).

A $250 fee is to be paid to the solicitor's office per case, plus a $25 application fee to SLED, and some courts charge a $35 filing fee in addition to the solicitor and SLED fee. S.C. Code Ann. § 17-22-940.

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).

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

The petition may be filed when the person is at least 17 years old.