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EXPUNGEMENTS IN SC. Changes in SC Expungement Laws Chief Justice Toal’s Administrative Order for Expungements Expungement Fees SC Attorney General Opinions. EXPUNGEMENT IN SC. Section 17-1-40 No Charge Section 44-53-450No Charge Section 17-22-150No Charge

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EXPUNGEMENTS IN SC

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EXPUNGEMENTS IN SC

Changes in SC Expungement Laws

Chief Justice Toal’s Administrative Order for Expungements

Expungement Fees

SC Attorney General Opinions


EXPUNGEMENT IN SC

  • Section 17-1-40 No Charge

  • Section 44-53-450No Charge

  • Section 17-22-150No Charge

  • Section 22-5-910$25.00

  • Section 22-5-920$25.00

  • Section 56-5-750$25.00

  • Section 34-11-90$25.00


SLED

  • SLED processes approximately 1500 expungement requests each month.


SLED

Section 17-1-40

  • Dismissed, Not guilty, acquitted, nol prossed,etc. Must be completely destroyed.

  • You cannot expunge the arrest charge, if the charge was reduced to a lesser offense. You cannot erase the fact which created the lesser offense.

    Ex: ABHAN is a lesser offense of CSC and cannot be expunged.


SLED

Section 22-5-910

  • Enhanced penalties refers to Traffic and Title 50 offenses only.

  • If you have utilized Sec. 34-11-90(e) then you cannot use Sec.22-5-910. You have already been convicted in magistrates court.

  • If you have a DUI or DUS as a first offense on your SLED Rap Sheet then you cannot use this section since you have already been convicted in magistrate’s court.


SLED

Section 22-5-920:

  • 1st offense conviction as a youthful offender. No criminal activity for 15 years from date of conviction.

  • Exclusions: Title 50, Title 56, Violent Crimes according to Sec.16-1-60,and CDV.

  • In order to use this section you have to be sentenced as a Youthful Offender.


SLED

Section 34-11-90(e):

  • 1stoffense fraudulent check and no criminal activity for one year from date of conviction.

  • Must be for one offense only. Even if you are arrested on one occasion, the arrests would be separate incidents.


SLED

Section 56-5-750(F):

  • Used for 1st offense failure to stop for blue light.

  • No additional criminal activity for 3 years from date of the completion of the sentence.

  • This statute cannot be used before June 5, 1996, which is the effective date of the statute.


SLED

Section 44-53-450(b):

  • Conditional Discharge Program for first offense simple possession of marijuana.

  • Must be sentenced under the Conditional Discharge Program. Cannot be convicted.


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