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South Carolina Motion and Order for Expungement of Juvenile Records -...

South Carolina Motion and Order for Expungement of Juvenile Records - Not Guilty

Name: South Carolina Motion and Order for Expungement of Juvenile Records - Not Guilty
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.58 (435 reviews)

Category:

South Carolina Statewide - Appellate Courts

State:

South Carolina

Control #:

SC-SKU-1346

Format:

Instant download

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Motion and Order for Expungement of Juvenile Records - Not Guilty The South Carolina Motion and Order for Expungement of Juvenile Records — Not Guilty is a document that is filed by a petitioner with the court when a juvenile has been found not guilty of a criminal offense. This motion allows for the petitioner to request that the court expunge the juvenile's criminal records related to the offense. There are two types of South Carolina Motion and Order for Expungement of Juvenile Records — Not Guilty: voluntary and involuntary. The voluntary motion is filed when the juvenile and/or the petitioner (typically the juvenile’s parent or legal guardian) is seeking to expunge the juvenile’s criminal record. The involuntary motion is typically filed by the state, and is used to expunge the juvenile’s criminal record if the juvenile has successfully completed a court-ordered diversion program or has been found not guilty of the offense.

The South Carolina Motion and Order for Expungement of Juvenile Records — Not Guilty is a document that is filed by a petitioner with the court when a juvenile has been found not guilty of a criminal offense. This motion allows for the petitioner to request that the court expunge the juvenile's criminal records related to the offense. There are two types of South Carolina Motion and Order for Expungement of Juvenile Records — Not Guilty: voluntary and involuntary. The voluntary motion is filed when the juvenile and/or the petitioner (typically the juvenile’s parent or legal guardian) is seeking to expunge the juvenile’s criminal record. The involuntary motion is typically filed by the state, and is used to expunge the juvenile’s criminal record if the juvenile has successfully completed a court-ordered diversion program or has been found not guilty of the offense.

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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.

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.

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.

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.

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.

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.

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.

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The process is not always comprehensive in practice. These instructions are only for juvenile records, not records of adult convictions.Worksheet is on page 8 of this instruction booklet and should be completed using your court disposition printouts or arrest record information sheet. --All records of children alleged to be or adjudicated dependent may be expunged upon court order after the child is 21 years of age or older. 18c9123v. (Dec. Expunging or sealing a juvenile record means it won't show up on background checks. Understand how the expungement process works. You have to ask for the records to be expunged. You can go to the court clerk's office where the charges were filed and ask for an expungement form. The Court has complete discretion in determining whether to order an immediate expungement or to require the filing of a mandatory expungement petition. You are not eligible to petition for an expungement order if: 1.

South Carolina Motion and Order for Expungement of Juvenile Records - Not Guilty

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What is required for expungement in SC?

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