Overview Description

Records relating to a first offense as a youthful offender can be expunged by the court five years after sentence completion, if the person has no other conviction during the five years. S.C. Code Ann. § 22-5-920.

Ineligible Category or Citation

See section 22-5-920(B)(2) for ineligible offenses.

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. §§ 22-5-920, 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. § 22-5-920(C).

Waiting Periods

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).

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