South Carolina Order for Destruction of Arrest Records

State:
South Carolina
Control #:
SC-EXPCRI-223
Format:
PDF
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Description

This is an order for the destruction of arrest records used with a request for expungement of criminal records.
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FAQ

Misdemeanor Offenses: Convictions for misdemeanors that carry a maximum sentence of 30 days and/or $1000 fine may be eligible for an expungement. You must wait three years and have no other convictions in those three years before applying for the expungement/five years if the conviction is for Domestic Violence.

In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a person's criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person's expunged record.

You may contact the private website to request that it remove the out-of-date information about your criminal history. Be prepared to provide a copy of the court order showing that your record has been officially expunged or sealed.

This period is known as the 'waiting period' or 'crime-free period' and is generally 10 years where a person was dealt with as an adult and 5 years otherwise (3 years in NSW). This legislation is commonly referred to as 'spent convictions' legislation.

The only way to get your conviction removed from police records is to appeal against the conviction through the courts. You will need to seek legal advice if this is something you wish to pursue. I was told my conviction would be removed after five years.

A period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years. the sentence was corporal punishment.

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.How to Expunge Your Criminal Record in SC Futeral & Nelson\nwww.charlestonlaw.net >> Criminal Defense in Charleston, South Carolina

The disposition on a criminal record is the current status or final outcome of an arrest or prosecution. Common dispositions are: Convicted: means you have plead or been found guilty by a court of law.No charges filed/Charges dropped: means the prosecutor has declined to pursue the case.

To get your record expunged: The conviction you want to expunge must be a first offense of a misdemeanor. The misdemeanor must have a maximum possible sentence of $1000 and/or 30 days. Three years has to have passed since your conviction or five years if it was for first offense domestic violence in the third degree.

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South Carolina Order for Destruction of Arrest Records