Wondering if an old arrest or charge can come off your record in South Carolina? Learn which records qualify, what can’t be expunged, and how it works.
An old charge doesn’t have to be the first thing an employer learns about you. If a charge from years ago doesn’t represent who you are now, an expungement may remove your arrest from your record. Getting your record removed in South Carolina depends on how your case ended, and in most cases an expungement isn’t granted until you apply.
South Carolina sets a separate waiting period and conditions for each type of record, and most types of expungement can be used only once. Some records, such as a DUI conviction, can’t be expunged at all. Our attorneys can explain how this may work for your record.
Which Records Can Be Expunged in South Carolina?
South Carolina has no single expungement law. Each record has its own path, waiting period, and conditions. Most expungement applications go directly to the solicitor’s office. Any charges in summary court and in General Sessions, or the circuit court’s criminal division, take different steps.
Most paths can be used only once, and each path counts separately. These are the main paths state law sets out for adult records, and when you can apply:
- Dismissed, nolle prossed (formally dropped), or not guilty: In summary court, automatic if fingerprinted, on application if not, unless dismissed at a preliminary hearing or tied to pending General Sessions charges. For General Sessions, you apply to the solicitor.
- Completing pretrial intervention (PTI), the Alcohol Education Program, or a traffic education program: Once you successfully complete the program and the charge ends without a conviction.
- A conditional discharge, where the court dismisses a drug possession case after you meet its conditions: Once the case is dismissed. A conditional discharge is available only once.
- A crime carrying up to 30 days or a $1,000 fine, or first-offense unlawful firearm or weapon possession carrying up to a year or $1,000: Three years after the conviction, with no other conviction. Not for driving offenses.
- Domestic violence in the third degree: Five years after the conviction, with no other conviction in that time.
- A first-offense simple possession or prescription drug possession conviction: Three years after you finish the sentence, including probation and parole, with no other conviction. First-offense possession with intent to distribute: 20 years, with no other drug or felony conviction.
- A first-offense Youthful Offender Act sentence: Five years after the sentence ends, including probation and parole, with no conviction since sentencing. Excludes violent crimes, domestic violence, driving offenses, and some others the law lists.
A juvenile record follows its own Family Court rules, separate from the adult paths. A 2024 law also created a separate path for one older unlawful handgun conviction.
What Can’t Be Expunged in South Carolina?
Both the path for crimes carrying up to 30 days and the Youthful Offender path exclude offenses involving driving a motor vehicle. A DUI conviction can never be expunged. Additionally, violent crimes are excluded from the Youthful Offender and juvenile paths. Federal charges cannot be expunged.
Several conviction paths also aren’t available while other charges are pending against you, unless those charges have been pending more than five years. If your record doesn’t fit one of these paths today, an attorney can walk you through the options you may have and when you may qualify.
How Your Case Ends May Affect a Future Expungement
If your case is still open, how it ends determines whether your record can be removed in the future. Eligibility is based on what you plead guilty to or what you’re convicted of, not the offense you were first charged with.
When you work with Ironside Criminal Defense, our attorneys start with what defenses you may have. We then look at whether a diversion program may apply, and at how you may resolve your case with your future record in mind. We look at the record you’ll be left with before the case is over, not after.
What Does an Expungement Remove From Your Record?
When a dismissed or not-guilty charge is expunged, the arrest and booking records, bench warrants, mug shots, and fingerprints from that charge are destroyed. No city, county, or state agency may keep evidence of the charge, but there are some limited exceptions for law enforcement and prosecutors.
For a conviction that qualifies, the order covers the records of the arrest and the conviction.
Common Questions About Expungement in South Carolina
Will an Expunged Charge Show Up on a Background Check?
An expunged charge shouldn’t show up on a background check run through South Carolina courts or SLED, because the order removes the official public record. For a dismissed or not-guilty summary court charge, the law also requires removal from internet-based public records within 30 days of the disposition. A private screening company may still have an older copy. If it does, an attorney can explain what to do.
Do You Have to Tell an Employer About an Expunged Record?
South Carolina law says employers other than criminal justice agencies can’t use expunged information against an employee. You should talk with an attorney before you answer a question about your record.
How Much Does an Expungement Cost in South Carolina?
Most expungements carry fees set by state law, including an administrative fee. Some exceptions and limits apply:
- A dismissed magistrate or municipal court charge costs nothing to expunge.
- A dismissed General Sessions charge doesn’t carry the administrative fee unless the dismissal was part of a plea agreement.
- The administrative fee isn’t refunded if the charge turns out to be ineligible or the solicitor doesn’t consent.
Talk With Our Attorneys Before Your Case Ends
Getting your record expunged after a charge can feel like a weight being lifted off your shoulders. If you’ve been charged with a crime in South Carolina, how your case ends shapes what you may be able to clear later. Our criminal defense attorneys can walk you through your options before the case is over. Your initial consultation is at no cost. Call 864-568-4750 or reach us through our online form.
This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; for advice about yours, talk with a criminal defense attorney.
