Overview Description

Records relating to a first controlled substance charge can be expunged by the court upon dismissal following the successful completion of probation pursuant to a conditional discharge. S.C. Code Ann. § 44-53-450.

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

Procedure General

The petition 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. §§ 44-53-450, 17-22-930 et seq.

Fees

Effect

The person is restored to prearrest status and need not disclose the arrest in response to any inquiry. S.C. Code Ann. § 44-53-450(B).

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 can be filed upon dismissal and discharge.

 

(non-prod server)