Records relating to an arrest for which the petitioner successfully completed an alcohol education program can be destroyed by the court. S.C. Code Ann. § 17-22-530.
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Upon the successful completion of the program, the petitioner receives a noncriminal disposition. Thereafter, a petition obtained from the appropriate judicial circuit solicitor's office can be filed in the circuit court. For the specific procedures, see S.C. Code Ann. §§ 17-22-530, 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. § 22-5-920(C).
There is no statutory language regarding a waiting period.