South Carolina Expungement Law
An expungement is a legal order for the records surrounding an arrest and criminal conviction. An expungement will remove all publically available traces of a conviction. If you have a qualifying conviction an expungement can be a way to protect your privacy, restore your reputation and maximize your employment prospects.
The Law Office of James R. Snell, Jr., LLC, assists our clients with the South Carolina expungement process. You may be eligible for an expungement if you can answer "yes" to one of the following regarding your case:
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Was it your first conviction in a Magistrate or Municipal Court and is this conviction at least three years old?
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Is it for a fraudulent check that you were convicted of at least one year ago?
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Did you complete
Pre-Trial Intervention (PTI) but fail to complete the expungement forms provided to you at that time?
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Have you been arrested for a crime that was later dismissed or you were found not guilty after a trial?
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Where you convicted of failure to stop for a blue light more than three years ago?
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Where you convicted of a non-violent offense pursuant to the Youthful Offender Act more than fifteen years?
Expungements are not possible for those convicted of DUI,
DUAC,
traffic offenses or General Sessions level offenses.
Frequently Asked Questions
If I was convicted of DUI \ DUAC \ Traffic Offenses can this be expunged?
No.
If I was convicted of a felony or a General Sessions charge not listed on this on this page can it be expunged?
No.
If I was convicted of CDV can this be expunged?
Yes - although the conviction needs to be five years old.
If my case is still pending can it be expunged?
No. Only cases that have been concluded and where either dismissed or resulted in a conviction and are suitably aged (one to fifteen years depending on the type of conviction) are eligible for expungement.
How long does the process take?
We can generally have your expungement application filed very quickly, usually within 1-3 business days. Immediately following the filing with the Court we can provide you with a written confirmation from our office that your expungement application has been filed. Depending on the County of your charge it generally takes another 3-6 months for the Court to process the application and for the records to be destroyed. You will receive written confirmation upon the completion of the process.
What are the costs?
Attorney's fees are a minimum of $550 paid at the time of engagement. In addition there are costs charged by the Court that will be between $150-285 depending on your offense.
If you believe that you qualify for an expungement and would like to discuss how you can hire our office please contact us at (803) 359-3301.