This is how to erase your arrest record in SC
Being arrested and or convicted of a crime in South Carolina can be bad enough. But even after following the straight and narrow, that past mistake can follow people for years, making it harder to do things like find housing or get a certain job.
However, just because you or a family member were arrested in South Carolina, that blemish doesn’t necessarily have to follow you the rest of your life.
A process called expungement can help you get a fresh start, provided you meet certain criteria and follow procedures. Here’s what to know.
What is expungement?
In South Carolina, people who have been arrested, charged or convicted of certain crimes may have the chance to erase their arrest records through a legal process known as expungement. The process lets you place your records under seal, basically removing them from public access and limiting their use to certain law enforcement purposes, according to South Carolina Appleseed Legal Justice Center.
Expungement cannot remove information about your arrest from sources outside of legal records, such as news outlets, social media or search engines.
Who in SC is eligible?
Being eligible for expungement in South Carolina depends on the type of offense committed and some other factors, sccourts.org states. Major offenses, certain traffic violations like DUIs, and violent crimes are usually not eligible. Here’s a basic list of what’s eligible.
Misdemeanor offenses: Misdemeanors with a maximum sentence of 30 days and or a $1,000 fine may be eligible. A waiting period of three to five years with no other convictions is necessary.
Not guilty, dismissed: Charges dismissed after 2009 are usually expunged automatically. Any charges before 2009 required an application. Dismissed charges as part of plea agreement are also eligible.
Youthful Offender Act: Certain convictions under the Youthful Offender Act are eligible for expungement after five years following the completion of the sentence, including probation or parole.
SC expungement application process
To apply for an expungement in South Carolina, follow these steps provided by the South Carolina Judicial Branch:
Identify the solicitor’s office: These applications are handled by the solicitor’s office with jurisdiction in the county where the charges originated.
Complete the application provided.
Pay a fee: The applicant must pay the following amounts to the solicitor in the form of separate certified checks or money orders: a $250 administrative fee made payable to the solicitor, a $25 SLED certification fee and a $35 filing fee made payable to the county clerk of court, when applicable.
Wait for processing: Processing times can vary, usually taking between two to six weeks.
