The Importance of Expungement

Having a criminal record can have long-lasting consequences, affecting your ability to find employment, secure housing, and obtain professional licenses. Expungement offers a second chance by removing these records from public view, allowing individuals to rebuild their lives without the stigma of a criminal past. At Thompson and Hiller Defense Firm, we understand the importance of expungement and are dedicated to helping clients navigate the legal process to achieve a fresh start.

South Carolina Law on Expungement

In South Carolina, expungement laws are outlined in the South Carolina Code of Laws, specifically under Title 17, Chapter 22. The statutes detail the types of offenses eligible for expungement, the requirements for each, and the process for obtaining an expungement.

Types of Offenses Eligible for Expungement

Different types of offenses may be eligible for expungement in South Carolina, depending on the circumstances of the case. Here are the key categories:

Non-Convictions

Non-convictions include not guilty verdicts, charges the judge dismisses, and charges the solicitor does not prosecute (nolle prosequi). According to state law, non-convictions in Magistrate or Municipal Court after June 2, 2009, are automatically expunged unless specific conditions apply.

Pre-Trial Intervention (PTI) Program

Charges dismissed after successful completion of a Pre-Trial Intervention Program are eligible for expungement. PTI offers first-time, non-violent offenders an alternative to prosecution, focusing on rehabilitation and restitution.

Alcohol Education Program (AEP)

Charges dismissed after successful completion of an Alcohol Education Program can be expunged. This program is typically available for first-time alcohol-related offenses.

Traffic Education Program (TEP)

Charges dismissed after successful completion of a Traffic Education Program are also eligible for expungement. TEP is designed for first-time, minor traffic offenses.

First Offense Misdemeanor Conviction Under the Fraudulent Check Law

This conviction can be expunged when the defendant has had no other convictions for more than one year.

First Offense Simple Possession of Marijuana

Convictions for first offense simple possession of marijuana or other eligible drugs can be expunged if the defendant received a conditional discharge and successfully completed any sentencing requirements.

First Offense Conviction for a Crime with a Penalty of Not More Than 30 Days Imprisonment or a Fine of $500

These convictions are eligible for expungement when no other convictions occurred within three years (or five years for Criminal Domestic Violence).

First Offense Conviction for Failure to Stop When Signaled by a Law Enforcement Vehicle

This conviction can be expunged if it is a first offense, did not involve bodily injury, and the defendant has had no other convictions for three years.

First Offense Conviction as a Youthful Offender

Convictions under the Youthful Offender Act are eligible for expungement when the defendant was 17 to 24 years old at the time of conviction, and there were no other convictions for five years after completion of the sentence.

Steps to Determine Eligibility for Expungement

Determining eligibility for expungement involves several steps. The South Carolina Judicial Branch provides resources to help individuals understand the process and determine if they qualify.

Step 1: Review the Expungement Statutes

The first step is to review the relevant expungement statutes. The South Carolina Code of Laws, Title 17, Chapter 22, outlines the criteria for different types of expungement. 

Step 2: Obtain a Copy of Your Criminal Record

You will need a copy of your criminal record to review your charges and convictions. This can be obtained through the South Carolina Law Enforcement Division (SLED) by requesting a criminal history report. Visit the SLED CATCH website for more information on how to request your record.

Step 3: Consult with an Attorney

Consulting with an experienced attorney is essential to understanding your eligibility for expungement. An attorney can review your criminal record, explain the relevant laws, and advise you on the best course of action. They can also assist with preparing and filing the necessary paperwork.

Step 4: Complete and Submit the Application

If you are eligible for expungement, you will need to complete the appropriate application forms. These forms can be obtained from the solicitor’s office in the county where the charges were filed. Each county may have specific requirements, so it is essential to follow the instructions provided by the solicitor’s office.

Step 5: Pay the Required Fees

There are fees associated with filing for expungement, which may vary depending on the type of offense and the county. Typically, you must pay a $250 administrative fee to the solicitor’s office, a $25 fee to SLED, and a $35 filing fee to the Clerk of Court. These fees are non-refundable even if the expungement is not granted.

Step 6: Attend the Court Hearing

After submitting your application, you may be required to attend a court hearing. During the hearing, a judge will review your application, consider any objections, and determine whether to grant the expungement. It is essential to be prepared and to present any supporting documentation or evidence that may strengthen your case.

The Expungement Process

The expungement process in South Carolina involves several steps, including submitting an application, paying fees, and attending a court hearing. Here is a detailed overview of each step:

Submitting the Application

To begin the expungement process, you must submit an application to the solicitor’s office in the county where the charges were filed. The application should include:

• Personal Information: Name, date of birth, and contact information.
• Case Information: Details of the charges, including the case number, date of arrest, and the outcome of the case.
• Supporting Documents: Any relevant documentation, such as proof of completion of diversion programs or letters of recommendation.

Paying the Fees

There are fees associated with filing for expungement, which may vary depending on the type of offense and the county. These fees typically include:

• Administrative Fees: Charges for processing the application and handling the paperwork.
• Court Fees: Costs associated with filing the petition and scheduling the court hearing.

In some cases, fee waivers may be available for individuals who demonstrate financial hardship. It is important to check with the solicitor’s office for specific fee requirements and waiver options.

Attending the Court Hearing

After submitting the application and paying the fees, you may be required to attend a court hearing. During the hearing, a judge will review your application, consider any objections from the prosecution or other parties, and determine whether to grant the expungement. It is essential to be prepared for the hearing and to present any supporting documentation or evidence that may strengthen your case.

The Importance of Legal Representation

The expungement process can be complex, and having experienced legal representation is crucial. An attorney can help you navigate the process, ensure that all paperwork is completed accurately, and advocate on your behalf during the court hearing. At Thompson and Hiller Defense Firm, we are dedicated to helping clients achieve a fresh start through expungement. Our team has the knowledge and experience to guide you through every step of the process.