South Carolina Order for Destruction of Arrest Records, Diversion Disposition (General Sessions)
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FAQ
Eligibility Guidelines Any time after successfully completing five years under supervision. Any time after the discharge date and after successfully completing the maximum parole period, if less than five years. Provided all restitution has been paid in full.
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.
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.
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.
Applications for expungement; administration. (13) any other statutory authorization.
Traffic offenses cannot be expunged in SC ? this includes DUI or DUAC convictions, reckless driving, or driving under suspension (DUS), but reckless driving can be sent to PTI and expunged if you successfully complete the program.
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
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.