The South Carolina Order for Destruction of Arrest Records (General Sessions) is a form issued by the General Sessions Court of South Carolina that allows for the destruction of arrest records. This form is used when the arrested was either acquitted of the charges, or had the charges dismissed, or the case was otherwise disposed of without a conviction. The Order for Destruction is made to the South Carolina Law Enforcement Division (SLED) and orders that all records related to the arrest be destroyed and that SLED shall not retain any such records. There are two types of South Carolina Order for Destruction of Arrest Records (General Sessions): the Order for Destruction of Arrest Records (General Sessions) and the Order for Destruction of Arrest Records (General Sessions II). The first type is used when the arrested was not convicted of the charge or charges, and the second type is used when the arrested was convicted, but the conviction was later overturned.
South Carolina Order for Destruction of Arrest Records (General Sessions)
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FAQ
Code § 17-22-940(B), any person who applies to the solicitor's office for an expungement of general sessions charges pursuant to Section 17-1-40 is exempt from paying the administrative fee unless the charge that is the subject of the expungement request was dismissed, discharged, or nolle prossed as part of a plea
Pursuant to the South Carolina Code of Laws, a criminal record may only be expunged through an application to the court, which must be signed by a judge. An individual should contact the solicitor's office in the area where the charge originated to seek assistance and obtain an application, which does require a fee.
In South Carolina, only certain kinds of charges or convictions can be expunged. Typically, only minor offenses can be expunged. DUIs cannot be expunged. Crimes where you registered for the SC Sex Offenders Registry cannot be expunged.
What can be expunged? South Carolina expungements can only erase South Carolina charges or convictions. If you have a criminal record from another state you will have to find out what the laws are in that state and apply for expungement there.
An expungement is a court order that removes criminal arrests/dispositions from your criminal record. It is also called an Order for Destruction of Arrest Records. See S.C. Code Ann.
Applications for expungement; administration. (13) any other statutory authorization.
What Criminal Records Can Be Expunged in South Carolina? 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.
The defendant is currently 18 or older. The defendant completed any sentence and has no additional conviction after the juvenile offense. The defendant has no prior conviction for an offense that would carry a maximum sentence of 5 years imprisonment or more if committed by an adult.