Expungements
Practice Areas
South Carolina Expungement Lawyer
At some point, we’ve all made mistakes that we regret. Unfortunately, some mistakes can stay with you for the rest of your life. When you’ve been arrested or charged with a misdemeanor offense, it will remain on your criminal record forever. This means that finding your perfect job or house can be made all the more difficult.
Thanks to expungement laws, you don’t have to live with that mistake forever. In South Carolina, some misdemeanor charges and convictions can be erased from your record completely, allowing you to move on with your life and leave the past in the past.
Unfortunately, the expungement process is complicated and leaves room for error that can cause your application to be denied. If you believe your arrest or charge is eligible for expungement, hiring an experienced Greenville criminal defense attorney is in your best interest.
AnneMarie Odom served as a former prosecutor for South Carolina and uses that experience to her advantage. When pursuing an expungement, you want legal representation that understands the complexities of criminal law on both sides of the courtroom. If you’re looking for legal guidance regarding your criminal records in South Carolina, contact the expungement lawyers at AnneMarie Odom Law today by calling (864) 775-5833.
What is Expungement?
Expungement is the process an individual can pursue to have their criminal record erased. Those eligible to have their conviction expunged can essentially turn back the clock as if their arrest never happened. This means that applying for jobs and anything else that requires a background check and looking into criminal records won’t show the arrest. An expungement removes everything, including mugshots, files, fingerprints, and booking forms. You can even skip the part on applications where they ask if you’ve had any criminal convictions.
When you have a criminal conviction, everyone can see it because it’s a public record. If you made a mistake and have turned your life around, you shouldn’t have to continue living with the consequences, which is why expungement is important to those with criminal convictions. Living with a criminal record is difficult and can prevent you from:
- Finding a place to live.
- Being hired at certain jobs.
- Owning a firearm.
The expungement process can be complicated, so it’s crucial to hire an experienced criminal defense attorney to help you navigate it. They can help ensure that you have all the proper documentation and pay all required fees so nothing can prevent you from completing the expungement (so long as you qualify). If you’re ready to start the process, contact a Greenville expungement attorney at AnneMarie Odom Law today.
Can I Get My Criminal Record Expunged in South Carolina?
Only certain criminal convictions are eligible for expungement in South Carolina. For instance, most first-offense misdemeanor charges can be expunged. It’s important to note that not all convictions can be expunged. According to South Carolina law, most criminal convictions are not eligible. However, that offense could qualify if you were convicted of a criminal offense under the Youthful Offenders Act.
Expungements don’t automatically happen if your charges were dismissed or if you received a not-guilty verdict. Both will show on your criminal records until you file an expungement.
If you have questions about pursuing an expungement, contact the South Carolina criminal defense attorneys at AnneMarie Odom Law. Even if you’re unsure whether your criminal history meets the requirements, please schedule a consultation with our law offices. Expungement law is complicated, and if you have a chance at erasing your record, we’re here to help.
South Carolina Expungement Laws
The laws regarding expungements in South Carolina are outlined in South Carolina Code §§ 17-22-910, 22-5-910, and 22-5-930.
- According to S.C. Code 17-22-910, all expungements are to be handled by the Solicitor’s Office within each circuit. This section provides the appropriate statutes for different applications for expungement, including:
- Certain first-offense misdemeanors (i.e. fraudulent checks, simple drug possession, failure to stop when signaled by police, etc.)
- Sentences falling under the Youthful Offender Act
- Pre-trial interventions
- Juveniles
- Alcohol education programs
- Traffic education programs
- Conditional discharges
- Criminal records destruction
- Job Challenge Program and Youth Challenge Academy
- Any other charges or convictions as approved by the state
- S.C. Code 22-5-910 details the circumstances surrounding the qualifying charges and convictions.
- S.C. Code 22-5-930 details the guidelines for first-offense drug convictions.
What Charges Qualify for Expungement?
South Carolina law dictates what charges can qualify for expungement. In order to have your offense expunged, it must fall into one of eight categories. As such, if your offense does not fall within one of the eight categories listed below, it is not eligible for expungement:
- Charges dismissed, no-billed, or not prosecuted (not processed) and not guilty verdicts. Your not-guilty verdict will remain on your record until you have the record expunged.
- Charges are dismissed after completion of the Alcohol Education Program (AEP), Pre-Trial Intervention Program (PTI), or Traffic Education Program (TEP). The program must be completed successfully in order for it to be expunged.
- A first-offense conviction of a misdemeanor for a fraudulent check as long as no additional convictions occur within one year, starting at the date of the conviction.
- A first-offense misdemeanor conviction for a simple drug possession charge. The defendant must have received and fulfilled a court-ordered conditional discharge to qualify.
- A first offense that is punishable by 30 days and/or a $500 fine. To qualify for expungement:
- The individual has no additional convictions within three years of the conviction
- If it was a criminal domestic violence offense, there must be no additional convictions within five years from the date of conviction
- It does not include motor vehicle crimes or wildlife/game offenses.
- First offense conviction under the Youthful Offender Act (YOA).
- It only covers certain non-violent offenses by someone under 25 years of age
- No other convictions for five years following the completed YOA sentence. This includes probation and parole
- Does not include motor vehicle crimes
- First offense misdemeanor for failure to stop for a blue light (law enforcement officer) as long as there are no additional convictions three years following the completed sentence.
- Certain juvenile offenses:
- At least 18 years old
- Non-violent offense
- No prior offenses would constitute a five-year sentence or more had it been committed by an adult
- The sentence was successfully completed and had no other criminal charges
What Charges Do Not Qualify for Expungement?
Certain criminal charges are not eligible for expungement according to South Carolina laws. The criminal charges that do not qualify are:
- Traffic convictions, unless it was the first offense for failure to stop for a blue light
- Wildlife and fish convictions
- Felony and other heinous crimes convictions
Can a Felony Be Expunged in SC?
A felony is not eligible for expungement in South Carolina. Several states throughout the United States have adopted Second Chance Laws, which allow first-offense non-violent felons to apply for expungement. This law has gained popularity as states are trying to increase their workforce population. However, South Carolina has yet to pass this legislation.
How Do I File for Expungement?
The laws pertaining to expungement can be complicated, so it’s in your best interest to hire an SC expungement lawyer to help guide you through the process. Expungements are handled by the Solicitor’s Office, where the decision will be made to approve the application. You must apply for your expungement at the Solicitor’s Office in the county where you were charged or arrested.
The Solicitor’s Office in the county in which you were charged or arrested will have an expungement application available online to be completed before you apply. For those looking to expunge their criminal records in Greenville County, you can find the expungement application here.
Once the application has been completed, you will need to bring certified copies of the disposition(s) for the charge(s) that you want to expunge. These are located at the Municipal Office or Magistrate Court that you appeared at or the Clerk of Court. Your South Carolina expungement attorney can help you acquire these documents.
If your charges were dismissed, you were found not guilty, or they chose not to prosecute, you will not have to pay fees for your expungement. However, if you do not fall under those circumstances, you may need to pay the following fees:
- $250 – Solicitor’s Office for an administrative fee
- $25 – SLED (South Carolina Law Enforcement Division) verification fee
- $35 – Clerk of Court for the filing fee
Since each payment is made to a different government agency, you will need to pay each with a separate money order or certified check.
Why You Need a Greenville, South Carolina Expungement Lawyer
The expungement process is complicated no matter which state you reside in. As we’ve explained above, only certain convictions and criminal charges are eligible for expungement in South Carolina at this time. It’s recommended to hire an expungement attorney when you begin this process so that you don’t miss any steps along the way.
Your Greenville expungement attorney at AnneMarie Odom Law will evaluate your criminal history to determine if you’re eligible to file for expungement. They will also apply for the expungement to help ensure your application is complete. Experienced expungement lawyers will be able to see if anything will prevent you from successfully expunging your criminal record. Something as small as an unpaid legal fee or fine can completely derail your expungement.
To learn more about your criminal record and whether it qualifies for expungement, call AnneMarie Odom Law at (864) 775-5833 to schedule a consultation today.
Our Greenville, SC expungement attorneys are ready to assist you in obtaining a criminal expungement so you can start fresh.
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