Many people arrested for CDV are concerned about having a criminal record. Having a mark on your record can unnecessarily complicate future employment opportunities, your background check or even the success of other legal cases. Unfortunately for those concerned about their record, South Carolina allows for the general public to access records from those who have simply been arrested for CDV.
These records can be accessed from the government online in one of two ways. The first is by a paid criminal background report from SLED. This is a state-wide search. The second is by doing a free search of an individual county's court records. A CDV case can be found by the entry showing the defendant was processed through bond court.
There are three ways to have a CDV removed from a record:
- Challenge the case in court and obtain a legal dismissal. If your case is dismissed by a judge or you are found not-guilty by a jury then the court will automatically expunge the arrest record at no charge to you. There is no waiting period.
- Complete the pre-trial intervention program. If you are referred into PTI and successfully complete the program you will have the option of applying for an expungement. Although there is a cost, it is a recommended step that everyone who completes PTI should take advantage of. There is no waiting period.
- If you are convicted (by pleading guilty or being found guilty) then you can apply for an expungement. There is a five year waiting period after your case went to court before you can apply. You also must qualify by not having other criminal charges. There is also a fee charged to apply for the expungement.
Any of these three will remove the public record of a CDV arrest. If you have been convicted, then your only option is #3, which will remove both the arrest and the conviction from your record. Because of the complications that can come from a CDV record, it is important that everyone charged take the necessary steps to try to avoid a false, unfair or unnecessary conviction. There are many steps that we can take to help someone give themselves the best chance at a favorable result in their case, which in turn will allow for the quickest clearing of the CDV arrest record. Call today to learn more.