Overview Description

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.

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 fees total $310. S.C. Code Ann. §§ 17-22-940(A), (F), (G); 8-21-310(21).

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.