Wiping the Slate Clean: How to Get a Charge Expunged From Your Record in South Carolina

KEY TAKEAWAYS:

South Carolina law allows many arrests that never led to a conviction, along with a specific list of first-offense convictions and completed diversion programs, to be expunged from a person's record. The application itself is filed through the circuit solicitor's office rather than a simple court form. The Ninth Circuit Solicitor handles Charleston County cases. A Charleston County criminal defense attorney can identify which expungement pathway applies and help avoid mistakes that could delay the process or affect eligibility. 

A dismissed or old criminal charge may feel like something that should stay in the past—but it can still appear on your record and raise questions during a background check. For some people, South Carolina expungement offers a way to clear an eligible charge and move forward with greater peace of mind. At The Farmer Law Firm, our experienced Charleston County criminal defense lawyer can help determine whether your record qualifies and explain the steps involved in seeking an expungement.

What Does Expungement Actually Do to a Criminal Record?

Expungement is the legal process by which South Carolina courts may order that an arrest or conviction record be destroyed rather than merely hidden from public view. If a Charleston County charge qualifies, our criminal defense attorney can petition the court for an expungement. If the petition is granted, the court issues an order directing law enforcement, the solicitor's office, and other agencies to destroy the underlying records. However, certain law enforcement and prosecution records may remain under seal and unavailable to the public.

The effect of an expungement goes further than deleting a file. South Carolina law restores a person to the legal status held before the arrest. This means that they generally do not have to disclose or acknowledge the charge, including on most job and housing applications.

Which Charges Qualify for Expungement in South Carolina?

South Carolina's expungement laws fall into two broad categories under S.C. Code Section 17-22-910. The first covers charges that never resulted in a conviction, and the second covers a specific list of first-offense convictions and completed programs the legislature has made eligible.

Charges That Never Resulted in a Conviction

When a case ends in dismissal, a not-guilty verdict, or a nolle prossed, which is where the prosecutor decides not to pursue charges, the charge may qualify for expungement at no cost. In qualifying summary court cases where the person was fingerprinted, the court issues an expungement order without requiring a separate application. 

If the person was not fingerprinted, they generally must apply for the expungement, although no fee is charged. Exceptions apply when a charge is dismissed at a preliminary hearing or when related charges arising from the same events remain pending in the summary court and the General Sessions Court. 

For qualifying General Sessions charges, the expungement process is handled through the solicitor’s office in the circuit where the offense occurred. People seeking expungement of charges under South Carolina’s dismissed-charge statute generally are exempt from the solicitor’s administrative fee. However, an exception applies to certain charges dismissed as part of a plea arrangement. 

Convictions and Programs the Legislature Has Made Eligible

A smaller group of convictions and successful completion of diversion programs may also qualify for expungement. These generally move through the circuit solicitor’s office rather than happening automatically. Examples include:

• Certain minor convictions. A conviction for an offense carrying no more than 30 days in jail or a $1,000 fine may qualify after three years, subject to other eligibility requirements.
• First-offense simple drug possession. Certain first-offense drug possession convictions may qualify three years after completion of the sentence, including probation and parole.
• Third-degree domestic violence. A qualifying conviction may be eligible after a five-year waiting period if the statutory requirements are met.
• Youthful Offender Act convictions. Certain first-offense convictions sentenced under the Youthful Offender Act may qualify five years after completion of the sentence, including probation and parole.
• Diversion and conditional discharge cases. Charges resolved through successful completion of programs such as Pretrial Intervention or a qualifying conditional discharge may be eligible for expungement.

What Charges Can Never Be Expunged in South Carolina?

Some charges currently stay on a record permanently, no matter how much time passes. Knowing which offenses are ineligible for expungement can save time and set realistic expectations before applying.

• Violent crimes as defined under South Carolina law, including many charges involving serious injury or a weapon
• Offenses involving the operation of a motor vehicle, such as DUI, which are excluded from the standard first-offense conviction pathway
• Offenses that require registration on the South Carolina Sex Offender Registry
• A second use of conditional discharge or pretrial intervention, since South Carolina law allows each only once in a lifetime

How Do You Apply for Expungement in Charleston County?

For most expungements that are not handled directly by a magistrate or municipal court, the process goes through the Ninth Circuit Solicitor’s Office, which serves Charleston and Berkeley counties. The solicitor’s office coordinates with the South Carolina Law Enforcement Division (SLED) and obtains the signatures required before a circuit court judge finalizes the order. 

• Obtain the required expungement form. Applicants should use the appropriate expungement order form for the judicial circuit where the charge originated. 
• Submit the required documents and fees. Standard fees can include a $250 solicitor’s administrative fee, $25 SLED verification fee, and $35 clerk of court filing fee. However, fees vary depending on the type of expungement, and qualifying dismissed or nolle-prossed charges may be processed at no cost. 
• Wait for SLED verification. The solicitor sends the application to SLED to determine whether the offense is statutorily eligible for expungement. 
• Obtain the required approvals. If SLED finds the offense eligible, the solicitor obtains the signatures required for that type of expungement, with a circuit court judge signing the final order. 
• Distribute the expungement order. After the judge signs the order, the solicitor files it with the clerk of court and provides copies to the appropriate government agencies and the applicant or their lawyer.

The Ninth Circuit currently estimates that an expungement will take about 12–16 weeks to complete if the required steps are completed and SLED approves the order. 

What Happens Once the Order Is Granted?

An expungement order does more than remove a line from a background check. It carries legal protections that can help a person move forward without an eligible charge continuing to follow them.

Depending on the applicable expungement statute, the order may also restore the person to the legal status held before the arrest, allowing them to refrain from acknowledging the expunged arrest or charge when asked about it. South Carolina law generally prohibits employers, except criminal justice agencies, from using expunged information adversely against an employee. 

Expunged information also cannot be used as evidence in administrative or legal proceedings involving negligent hiring, negligent retention, or similar claims. SLED maintains a nonpublic record of certain expunged offenses and the date of expungement to prevent someone from using the same statutory expungement right more than once. 

Why Talk to a Charleston County Criminal Defense Lawyer Before Applying for an Expungement?

Deciding which expungement pathway applies, or whether to use a once-in-a-lifetime option like conditional discharge, is not a decision to make without guidance. The wrong choice early on can close off a better option later.

Charleston County criminal defense lawyer Merritt Farmer can review your record, determine which expungement pathway may apply, guide you through each step of the process, and prepare your legal paperwork correctly. Instead of wondering whether an old arrest or charge will continue appearing when someone checks your record, you can get clear answers about your options. You can also learn what it may take to leave an eligible charge where it belongs—in the past.