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.
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).
The petition can be filed upon dismissal and discharge.