Records relating to a first domestic violence in the third degree offense, handled in magistrate's or general sessions court, may be expunged by the court five years after the conviction, if the person has no other conviction during that time. S.C. Code Ann. § 22-5-910(B).
Ineligible Category or Citation
This provision applies only to domestic violence in the third degree. S.C. Code Ann. § 22-5-910(B).
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 procedure, see S.C. Code Ann. §§ 22-5-910, 17-22-930 et seq.
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).
The petition may be filed one year 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).