What is an expungement?

expunge | transitive verb | ex·​punge | definition: 1: to strike out, obliterate, or mark for deletion; 2: to efface completely : destroy

South Carolina law allows for expungements of criminal records under limited circumstances.

If an expungement is successful, then:

• all criminal court records related to an arrest or conviction are sealed and destroyed, and

• the expunged charges and convictions are no longer reported on a “SLED Report”

However, it is still possible that expunged charges may appear elsewhere in non-court records such as newspapers, television, radio, social media, websites, or information available to private background screening providers.

THE EXPUNGEMENT process

(1) OBTAIN YOUR OFFICIAL CRIMINAL RECORD REPORT

Individuals may obtain official South Carolina criminal records reports from the South Carolina State Law Enforcement Division (“SLED”).

Reports may be obtained either:

• online through the “SLED CATCH” website (http://catch.sled.sc.gov) or

• by mail using SLED’s Criminal Records Check Form (click here).

The public may also search for criminal records using the South Carolina Judicial Branch Public Case Records Search (https://www.sccourts.org/caseSearch).

(2) review your criminal record

• Do you recognize the charges?

• Are any charges duplicated?

• Are the dates of arrest and/or conviction correct?

• Are the dispositions correct? (i.e., conviction, acquittal, dismissal, etc.)

(3) HIRE AN ATTORNEY TO REVIEW YOUR RECORD FOR EXPUNGEMENT ELIGIBILITY

Some common criminal charges that may be eligible for expungement include:

• Diversion Programs (e.g., pretrial intervention, alcohol education, traffic education)

• Fraudulent Checks

• General Misdemeanors (Magistrates Court)

• Simple Possession

• Possession with Intent to Distribute

• Conditional Discharge

• Youthful Offender Act

• Juvenile Offenses

• Failure to Stop for Blue Light

• Victims of Human Trafficking

In addition, you must prove:

• that any required court fines and/or fees have been paid,

• that the requisite amount of time has passed since conviction or completion of sentence, and

• that there have been no other convictions within the requisite time period.

EXPUNGEMENT APPLICATION REQUIREMENTS

SUBMIT THE APPLICATION TO THE CORRECT COURT OR CIRCUIT SOLICITOR’S OFFICE

Ordinarily, the Solicitor’s Office in the county where the charge occurred must process an application for expungement.

However, summary courts may expunge records of all criminal cases disposed of in those courts in which the charge was dismissed or the defendant was found not guilty at trial.

EXPUNGEMENT FEES

You must submit, in the correct forms and amounts, the following fees:

1. an administrative fee to the Solicitor’s Office,

2. a filing fee to the Clerk of Court, and

3. a verification fee to the State Law Enforcement Division.

APPLICATION ATTACHMENTS

Attach all necessary and required documents and appropriate photo identification.

Contact Ingram Law Firm to schedule a consultation to discuss a possible expungement of your criminal charges.