Overview Description

Records relating to a first offense of minor drug possession can be expunged by the court three years after sentence completion if the person has no other conviction during the three years. S.C. Code Ann. § 22-5-930.

Ineligible Category or Citation

Applies only to a first offense conviction for either simple possession of a controlled substance under Article 3, Chapter 53, Title 44 or unlawful possession of a prescription drug under Section 40-43-86(EE). S.C. Code Ann. § 22-5-930(A).

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 specific procedures, see S.C. Code Ann. §§ 22-5-920, 17-22-930 et seq.

Fees

Fees of $310 ($250 payment to the solicitor's office, $25 to South Carolina Law Enforcement Division, SLED, and $35 payment to the clerk of the court). S.C. Code Ann. § 17-22-940(A), (F), (G); 8-21-310(21).

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 three years after sentence completion. S.C. Code Ann. § 22-5-930.

(non-prod server)