South Carolina Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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Description

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.

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FAQ

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.

Under the direction of Gov. Nikki Haley's office, S.C. Department of Corrections (SCDC) and the S.C. Department of Employment and Workforce (DEW) created the Second Chance initiative to help returning citizens learn a skill and understand how to successfully search for a job.

The new law removes the ?first-offense? requirement and also allows persons to erase multiple convictions arising out of the same sentencing hearing if they are ?closely connected.? Significantly, the law also allows offenders to expunge first-offense simple drug possession and possession of drugs with intent to ...

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.

Typically, only minor offenses can be expunged. DUIs cannot be expunged. Crimes where you registered for the SC Sex Offenders Registry cannot be expunged. If you have other pending criminal charges that are less than five years old you cannot get an expungement.

Section 16-23-545. (A) It is unlawful for a person convicted of a felony to possess a firearm in this State. (B) A person who violates this section is guilty of a felony and, upon conviction of a first offense must be imprisoned not more than five years.

Our Charleston attorneys know that we take our rights for granted until they're gone. If you've had your gun rights revoked after being convicted, you're not out of options just yet. Depending on your unique situation, you may be able to seek restoration of those rights through expungement or pardon.

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.

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South Carolina Motion for New Trial for Purpose of Expunging Criminal Record