Records relating to an arrest and charge can be destroyed by the court upon the successful completion of a pretrial intervention program. S.C. Code Ann. § 17-22-150.
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. §§ 17-22-150, 17-22-930 et seq.
The person is restored to prearrest status and need not disclose the arrest in response to any inquiry. S.C. Code Ann. § 17-22-150. All reports must be retained on file in the solicitor's office for a period of two years after the successful completion of the program. After the retention of these reports for two years, they can be destroyed. S.C. Code Ann. § 17-22-130.
There is no statutory language regarding a waiting period.