Expungements

People who have previously been charged with crimes are able to have all qualifying arrest and charging records destroyed, provided they meet very specific circumstances outlined in state law.

 

We cannot expunge any information that the media released or information provided by private agencies on the internet or third party agencies.

 

The following arrests/dispositions/charges are eligible for expungement:

 

  • A charge that has been dismissed, nolle prossed, or the defendant was found not guilty is free-of-charge, provided the dismissal was not part of a plea arrangement under which the defendant pled guilty and was sentenced on other charges (S.C. Code 17-1-40). If the charge was dismissed as part of a plea agreement, that charge can be dismissed, but a fee will apply.

 

  • Charges that have been nolle prossed by the Solicitor because the defendant successfully completed the Pre-Trial Intervention Program (S.C. Code 17-22-150(a)).

 

  • Charges that have been nolle prossed by the Solicitor because the defendant successfully completed the Alcohol Education Program (S.C. Code 17-22-530(a)).

 

  • First-offense, singular misdemeanor conviction under the Fraudulent Check Law, provided no additional criminal conviction has taken place within one year from the date of conviction (S.C. Code 34-11-90).

 

  • Conviction of a first-offense Simple Possession of Marijuana charge in which a conditional discharge was received and the defendant successfully complied with the terms of that sentence (S.C. Code 44-53-450(b)).

 

  • Conviction of a first-offense as a youthful offender after five years from the date of completion of his/her sentence, including probation and parole with no additional criminal conviction during that waiting period (S.C. Code 22-5-920).

 

  • Conviction of a misdemeanor first-offense Failure to Stop for Blue Lights and no additional conviction has taken place for three years after completion of the sentence. (S.C. Code 56-5-750(f))

 

  • Conviction of a first-offense in a Magistrate, Municipal, or General Sessions court and no additional criminal conviction within three years from the date of conviction and the penalty did not exceed 30 days in jail or a $1,000 fine. There is an exception for a first-offense conviction of Domestic Violence 3rd Degree, in which the waiting period before application is five years. Only your first offense is eligible and the law specifes that the offense must be a single crime.  However, this section does not apply to:

      ·         Traffic offense violations;

·         An offense classified as a violent crime, according to S.C. Code 16-1-60;

·         An offense contained in Chapter 25, Title 16, except as otherwise provided in section S.C. Code 16-25-30.

 

APPLYING FOR AN EXPUNGEMENT IN THE FOURTEENTH JUDICIAL CIRCUIT 

 

  • The charge must have originated in Allendale, Beaufort, Colleton, Hampton or Jasper Counties.

 

  • The applicant must fill out and submit the application (available on this website below or at any of our six offices).

 

  • The applicant is responsible for obtaining the disposition sheet from the court that heard the charge(s) and submitting it to the Solicitor's Office.

 

  • Pursuant to state law, the applicant must present a separate cashier's check or money order for each of the fees listed below.

 

FEE SCHEDULE

Charges dismissed, nolle prossed or found not guilty    FREE

Dismissed/nolle prossed as part of plea deal    $250 to the Solicitor's Office

Fraudulent check conviction    $250 to the Solicitor's Office, $25 to SLED and $35 to the Clerk of Court

Conditional discharge    $250 to the Solicitor's Office and $35 to the Clerk of Court

First-offense conviction/YOA    $250 to the Solicitor's Office, $25 to SLED and $35 to the Clerk of Court

First-offense failure to stop    $250 to the Solicitor's Office, $25 to SLED and $35 to the Clerk of Court

Completion of intervention program    $250 to the Solicitor's Office and $35 to the Clerk of Court

 

THE PROCESS

1. The Solicitor will send the application and the $25 money order (when applicable) to SLED to verify that the offense is eligible for expungement, as provided by the South Carolina Code of Laws.

 

2. SLED will return the application to the Solicitor and indicate if the offense(s) is eligible or ineligible for expungement.

 

3. If SLED denies the application, the process ends and the Solicitor notifies applicant of the denial, returning the application to the applicant with the $35 fee to the Clerk of Court.

 

4. If SLED determines the offense is eligible for expungement, the application is mailed back to the Solicitor to continue the process.

 

5. The order is then mailed to the summary court judge that orginally heard the case (applicable to magistrate and municipal charges under Section 22-5-910 or 44-53-450(b)). He/she signs the application and returns it to the Solicitor's Office.

 

6. If the offense is determined to be ineligible for expungement by the Solicitor, notation is made on the application and returned to the applicant with the $35 Clerk of Court fee, and the process ends.

 

7. If the Solicitor determines the offense is eligible for expungement, it is signed and given to the Circuit Court judge for his or her confirmation.

 

8. If the Circuit Court judge approves the application, he/she will return the signed order to the Solicitor.

 

9. The Solicitor will file the signed order and files seven (7) copies of the order with the county Clerk of Court, along with the $35 filing fee (when applicable).

 

10. The Solicitor will provide certified copies of the expungmeent order to all pertinent governmental agencies, as well as the applicant or the applicant's attorney.

 

SUBMITTING YOUR APPLICATION

If you have not yet obtained a copy of the disposition sheet from the court that heard the charge(s) or if you do not have a digital copy of that sheet, please download and complete the PDF at the bottom of this page. You can then mail all required documents and fees to:

 

Expungement Division

Fourteenth Circuit Solicitor's Office

Post Office Box 1880

BlufftonSouth Carolina 29910

 

If you have a digital copy of your disposition sheet available, you can fill out the form below and attach the disposition sheet to your application using the upload button provided. Payments can be mailed to the address above or paid using the GovPayNet button at the bottom of this page.
 

For more information about the process, please contact our office at 843-779-8477.

 

 

Pay Now

 

 

FORMS

Expungement form
Expungement form
      

Duffie Stone

Solicitor Duffie Stone