The South Carolina Application for Expungement Pursuant to Sec. 17-22-950(B) (Magistrate/Municipal Court) is a legal form used to request the expungement of a conviction in a magistrate/municipal court in South Carolina. The form is used by individuals who have been convicted of a crime in a magistrate/municipal court in South Carolina and have completed all of their court-ordered obligations, such as fines, restitution, and/or community service. The form includes general information about the applicant, the crime for which they were convicted, and the court in which the conviction was entered. The applicant must also provide a statement as to why they believe the conviction should be expunged. The South Carolina Application for Expungement Pursuant to Sec. 17-22-950(B) (Magistrate/Municipal Court) is available in two forms: a Non-Violent Offense Expungement form, and a Violent Offense Expungement form. The Non-Violent Offense Expungement form is used to request the expungement of a non-violent offense, such as trespassing or larceny. The Violent Offense Expungement form is used to request the expungement of a violent offense, such as assault or robbery. Both forms must be completed and submitted to the court in order to be considered for expungement.
South Carolina Application for Expungement Pursuant to Sec. 17-22-950(B) (Magistrate/Municipal Court)
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How to fill out South Carolina Application For Expungement Pursuant To Sec. 17-22-950(B) (Magistrate/Municipal Court)?
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FAQ
Pardons will also restore any civil rights loss through criminal conviction. Another very important difference between a pardon and an expungement is that a pardon could be issued for ANY crime. Expungements are more limited; not all crimes can be expunged.
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.
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.
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. You pay the fees with separate money orders when you apply to your Solicitor's office.
Five (5) years must pass after the conviction (not the arrest), before you are eligible for any relief. In addition, there can be no other convictions during this five year period. If both of these requirements are met, then South Carolina law entitles you to have the CDV conviction removed.
How long does the expungement process take? The process may take up to six (6) months from the date the Expungement Office receives the completed Expungement Application.
The only way to restore your gun rights is to get a gubernatorial pardon. This can be a long and drawn-out process, but is not a substitute for an expungement. An expungement will clear your criminal record; a pardon will restore the rights you had before you were convicted of a crime.