South Carolina Instructions for Expungement of Criminal Records
Definition and meaning
The South Carolina Instructions for Expungement of Criminal Records provide a formal process for individuals to clear their criminal records in the state of South Carolina. Expungement is the legal procedure that allows for the removal of certain criminal convictions from a person's record, making it inaccessible to the public. This can significantly aid individuals seeking employment, housing, or other social opportunities by erasing the stigma of past convictions.
How to complete a form
Completing the expungement form correctly is essential for the approval of your request. Follow these steps to ensure proper completion:
- Fill in all required fields, ensuring accurate information is provided.
- Sign the form as the Defendant at the bottom.
- Attach any necessary documentation, such as the final disposition from a magistrate or municipal court, if applicable.
- Ensure that all fees are included with the submission.
- Include a self-addressed, stamped envelope for the return of your order.
Who should use this form
This form is intended for any individual in South Carolina who has a criminal record that they wish to expunge. Eligibility typically includes those who have been convicted of offenses that are eligible for expungement under state law. It is particularly relevant for individuals seeking to improve their prospects for employment or housing without the burden of past convictions being visible on their records.
State-specific requirements
To use the South Carolina Instructions for Expungement of Criminal Records, applicants must adhere to specific state laws, which include:
- Completion of all required forms and submission of supporting documents.
- Payment of applicable fees. The administrative fee is $250.00, and additional fees may apply.
- Submission timelines that typically take 6 to 8 weeks.
Common mistakes to avoid when using this form
When completing the expungement form, applicants should be aware of common pitfalls that could lead to delays or denials. These include:
- Failing to sign the form correctly.
- Omitting required documents, such as the final disposition.
- Not including the correct fees or the authorized money orders.
- Providing inaccurate or incomplete information on the form.
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FAQ
How long does a California Expungement take? Generally speaking, you can count on your expungement taking in the neighborhood of 90 to 120 days, but certain courts or older cases can take longer. Several factors impact the length of time an expungement takes to go through the court system.
How long does expungement take? From the time you apply for the expungement at the Solicitor's Office until you receive the expungement order, it can take up to six months.
If you were a first offender and there are no other criminal proceedings against you, you may apply to have your record expunged after waiting one year from the date of your conviction. You are allowed only one expungement under this law. Felony check offenses are not eligible. (South Carolina Code § 34-11-90 (2018).)
What fees do I pay for an expungement? You must pay a $250.00 administrative fee to the Solicitor's office, a $25.00 fee to the South Carolina Law Enforcement Division (SLED), and $35.00 filing fee to the Clerk of Court.
If there are no additional convictions within three (3) years from the date of the conviction; For a 1st offense criminal domestic violence conviction, the individual must have no other convictions within five (5) years from the date of the conviction;
Any charge that was dismissed or where the defendant was found not guilty is eligible for expungement. First offense convictions for fraudulent check (bad check) charges are eligible for expungement.
A person seeking to have an arrest or criminal conviction expunged from their record must usually fill out an application or petition, and submit the paperwork to the proper criminal court for a judge's review and decision. In most jurisdictions, a fee must be paid in conjunction with the filing of the application.
Generally, sealed and expunged records will never appear on a background check.
To get your record expunged: You must have successfully completed a pretrial intervention program. Upon completion of the program, the solicitor should have marked your charge as not prosecuted (nolle prossed). The PTI Director must confirm that you have completed your program and are eligible.