One of the most common questions people ask our office is whether a DUI can be expunged in South Carolina. The answer depends on whether your case is still pending in court or if you have already been convicted.
Expungement When a DUI Case Is Still Pending
If your DUI case has not yet been resolved in court, there is hope. When a DUI charge is dismissed, reduced to a non-DUI offense, or if you are found not guilty, you may qualify for an expungement. An expungement removes any publicly available government record of the arrest or case, including online court dockets and criminal record listings. This can be a critical step in protecting your reputation and preventing a DUI arrest from showing up on background checks for jobs, housing, or other opportunities.
At the Law Office of James R. Snell, Jr., LLC, we help clients with pending DUI cases work toward favorable outcomes that may allow for an expungement. By building a strong defense, we aim to minimize the impact of a DUI charge and, when possible, seek a result that allows your record to be cleared.
Expungement After a DUI Conviction
If you have already been convicted of DUI, unfortunately, the law does not allow for expungement. DUI is one of the only criminal offenses at the magistrate or municipal court level in South Carolina that cannot be removed from your record once there has been a conviction.
You are considered convicted if you plead guilty, plead no contest, or are found guilty at trial. Unlike other offenses, the law specifically excludes DUI convictions from being eligible for removal. This means that once a DUI is on your record, it remains permanently.
Why Expungements Matter
Expungements do not erase non-government records such as mugshot websites, but they are highly valuable when it comes to official background checks. For many people, the long-term consequences of a DUI record can be more damaging than the immediate penalties. A conviction can affect employment, professional licensing, and other areas of life long after fines and license suspensions have ended.
The costs of a DUI—including fines, higher insurance premiums, and court fees—can total more than $10,000. But the lifetime effect of a permanent criminal record can be far greater.
Our Experience Defending DUI Cases
The Law Office of James R. Snell, Jr., LLC, has more than 20 years of experience defending DUI cases in Lexington, Columbia, and throughout South Carolina. James Snell is the author of South Carolina DUI Defense: The Law and Practice and has lectured South Carolina Magistrate Judges on DUI law. He is also a member of the National College for DUI Defense and is qualified as an instructor in the same DUI detection and field sobriety testing methods taught to law enforcement officers. Our office has a second qualified instructor on staff as well, giving us unique insight into DUI investigation and defense strategies.
Conclusion
So, can you expunge a DUI in South Carolina? Yes—if your case is still pending and you are successful in your defense. But once you have been convicted, the law does not allow a DUI to be removed from your record. This is why it is so important to have an experienced defense team on your side from the very beginning.
If you have been charged with DUI, contact the Law Office of James R. Snell, Jr., LLC today at (803) 359-3301. Same-day appointments are typically available.
Disclaimer: Every case is unique. Prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters.