South Carolina Motion To Seal Juvenile Records

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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Pre-Trial Intervention (PTI) is a diversion program created to divert first-time, non-violent offenders or offenders who do not have a significant criminal history from the traditional criminal justice system.

How long does a felony stay on your record in South Carolina? Like misdemeanors, felonies will stay on your record indefinitely unless those charges are eligible for an expungement and you follow the legal process to have those records expunged. Do I need a South Carolina expungement lawyer to get my record cleared up?

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 ...

Upon turning 18 years old, a person can petition to have his or her juvenile criminal record sealed.

Apply for an expungement: Applications for expungements are handled by the Solicitors Office. There are 14 Solicitors Offices, so you must find the Solicitor who has jurisdiction in the county where your charges originated.

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.

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 ...

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.

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South Carolina Motion To Seal Juvenile Records