Overview Description

Records relating to a minor offense handled in magistrate's or general sessions court--or multiple offenses if they arose from the same incident and the person was sentenced at the same proceeding--may be expunged by the court three years after conviction, provided the person has no other conviction during the three year period. S.C. Code Ann. § 22-5-910.

Ineligible Category or Citation

Motor vehicle offenses, other than failure to stop a motor vehicle when signaled by law enforcement vehicle. S.C. Code Ann. §§ 22-5-910, 56-5-750(F).

Procedure General

The petition form for expungement must be obtained from the appropriate judicial circuit solicitor's office and filed in the circuit court. For the specific procedures, see S.C. Code Ann. §§ 22-5-910, 17-22-930 et seq.

Fees

Effect

After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement. This nonpublic record is not subject to release under section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information. S.C. Code Ann. § 22-5-910(E).

Waiting Periods

The petition may be filed three years after date of conviction or upon graduation from the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program. S.C. Code Ann. § 17-22-910(A)(11).

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