Overview Description

Records relating to a criminal offense that was discharged, dismissed, or resulted in an acquittal are placed under seal immediately and destroyed after three years and 120 days. S.C. Code Ann. § 17-1-40.

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

Law enforcement, prosecution agencies, and detention facilities retain the records of arrest, booking, bench warrants, and other institutional reports under seal for three years and 120 days, then destroy them, unless the records are needed for an ongoing investigation or official proceeding. For the specific procedure, see S.C. Code Ann. § 17-1-40.

Fees

There is no fee. S.C. Code Ann. § 17-1-40(D).

Effect

"Under seal" means the information is not a public document and not subject to disclosure other than to a law enforcement or prosecution agency, and attorneys representing a law enforcement or prosecution agency. Once destroyed, no evidence of the record pertaining to the charge or associated bench warrants can be retained by any municipal, county, or state agency unless under specified circumstances. S.C. Code Ann. § 17-1-40.

Waiting Periods

The record is sealed immediately. After three years and 120 days, the record is destroyed.

(non-prod server)