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South Carolina Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

The South Carolina Petition for Expungement of Record in Case of Acquittal and Release without Conviction is a legal process available for individuals who have been acquitted of a crime or released without a conviction in the state of South Carolina. Expungement refers to the removal or erasure of one's criminal record, providing an opportunity for a fresh start without the burden of a past arrest or charge. There are several types of South Carolina Petitions for Expungement of Record in Case of Acquittal and Release without Conviction, each catering to different circumstances: 1. Acquittal Expungement: This type of petition is applicable when an individual has been found not guilty of a crime by a judge or jury. If someone has gone through a trial process and has been acquitted, they may file a petition seeking the expungement of their arrest and court records related to that specific charge. 2. Noble Prose Expungement: In some cases, the prosecution may drop the charges against an individual before going to trial. If one's case was dismissed by the prosecution through a "nolle prosequi" decision, one can pursue an expungement of their arrest and court records associated with that particular charge. 3. Dismissal Expungement: This type of petition applies when an individual's case is dismissed by a judge or prosecutor without a trial. If a case was dismissed before trial due to lack of evidence, procedural errors, or other valid reasons, one can seek expungement of their arrest and court records related to that specific charge. 4. Release without Conviction Expungement: This petition is relevant for individuals who were arrested but never convicted of a crime. If someone was taken into custody, but the charges were later dropped before trial, or the case was resolved in a way that resulted in a release without a conviction, they can file a petition to have their arrest and court records expunged. The South Carolina Petition for Expungement of Record in Case of Acquittal and Release without Conviction is a vital legal opportunity for those who have been wrongly accused, had charges dropped, or were found not guilty to ensure their past legal troubles do not continue to haunt their future opportunities. By removing these records from public access, expungement helps individuals regain their reputation, enhance employment prospects, and move forward in life without the burden of a wrongful arrest or accusation.

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FAQ

What is ineligible for an Expungement? Certain traffic convictions and convictions classified as violent crimes under Section 16-1-60 of the Code of Laws of South Carolina (1976, as amended) cannot be expunged. If conditions/requirements are not met, then by law, expungements cannot be processed.

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. You will NOT receive a confirmation of receipt of your Expungement Application.

A convicted felon can get their gun rights back by expunging their felony convictions, applying for a restoration of gun rights, or requesting a pardon from the governor.

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.

In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.

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.

There are fees associated with an expungement, except when charges are dismissed or nol prossed (not prosecuted), or when a person is found not guilty. In those cases, the expungement is FREE, unless charges are dismissed in plea negotiations.

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(7) Once the order is signed by the circuit court judge, the solicitor will file the order with the clerk of court. (8) The solicitor will provide copies of the ... Aug 29, 2023 — Guide to restoration of rights, pardon, and criminal record sealing & expungement following a South Carolina criminal conviction.Immediately upon a disposition of not guilty, dismissed or nolle prossed, the court should complete the Order for Expungement of Arrest Records (Magistrate and ... (C) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ... Jul 19, 2021 — State lawmakers are increasingly interested in statutory provisions that automatically clear a person's criminal record. How do I ask the Court to clear my record? You must: • Fill out a court form, called Petition to Clear. Record. • Sign the form in front of a Notary, then make. In most cases, it is free to have a dismissed charge expunged from your record, but you may still need to go through the application process. Charges that were ... Feb 24, 2023 — These forms can be used to clean or seal a criminal record, potentially leading to restored civil rights, improved employment opportunities, ... You can file for an expunction on your own, but an attorney can help you by assessing your eligibility, making sure you include all necessary documents, guiding ... Apr 15, 2020 — Expungements and sealing typically require the individual to file a petition, appear in court, and serve a waiting period without reoffending.

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South Carolina Petition for Expungement of Record in Case of Acquittal and Release without Conviction