South Carolina Motion To Seal Juvenile Records

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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.

South Carolina Motion to Seal Juvenile Records is a legal process that allows individuals with juvenile criminal records to have their records sealed or hidden from public access. Sealing these records ensures that the past mistakes made during one's youth do not have a long-lasting impact on their future prospects, such as education, employment, or housing opportunities. Juvenile records are typically confidential; however, in certain circumstances, they may be accessible to specific individuals or organizations. The process of sealing a juvenile record in South Carolina involves filing a motion in the family court where the case was heard. Keywords: South Carolina, motion to seal, juvenile records, legal process, confidential, public access, past mistakes, youth, future prospects, education, employment, housing opportunities, family court. There are different types of South Carolina Motion to Seal Juvenile Records, namely: 1. Expungement of Juvenile Records: This type of motion is filed to completely erase a juvenile's criminal history, as if the arrest or conviction never occurred. Expungement is typically granted when the individual has reached a certain age, completed diversion programs, or demonstrated good behavior. 2. Sealing of Juvenile Records: While expungement seeks to erase the record entirely, sealing a juvenile record means that it is hidden from public view, but still accessible to authorized parties, such as law enforcement agencies or specific individuals with a legal purpose, such as potential employers looking into background checks. 3. Exp unction of Non-Delinquent Records: This motion aims to clear the records of offenses that were never formally charged or adjudicated, ensuring that the individual is not burdened with a criminal history for incidents where they were not found guilty. 4. Exp unction of Certain Convictions: If a juvenile was convicted of a specific offense but has since fulfilled various requirements like probation, community service, or other rehabilitative programs, they may be eligible to file a motion to have that particular conviction expunged, cleaning their record for a fresh start. It is important to note that the eligibility, process, and specific requirements for filing a South Carolina Motion to Seal Juvenile Records may vary depending on the nature and severity of the offense, previous criminal history, and the individual's personal circumstances.

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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.

More info

(8) The solicitor will provide copies of the expungement order to all pertinent governmental agencies as well as the applicant or the applicant's attorney. Expungement Application Process for Juvenile Records · Motion and Order for Expungement of Juvenile Records · Expungements in Magistrate and Municipal Courts.... a status offense or a nonviolent crime, as defined in Section 16-1-70, may petition the court for an order expunging all official records relating to: (a) ... Aug 29, 2023 — Guide to restoration of rights, pardon, and criminal record sealing & expungement following a South Carolina criminal conviction. Read Form - Motion and Order for Expungement of Juvenile Records, S.C. R. Fam. Ct. Form Motion and Order for Expungement of Juvenile Records, ... An Expungement is the destruction or obliteration of criminal records relating to an arrest or a conviction. South Carolina law allows for the destruction ... Nov 12, 2021 — Juvenile records can be sealed automatically by the court on its own motion. The court, on its own motion or on petition, and for good cause ... Sep 22, 2023 — Motion and Order for Expungement of Juvenile Records - SCCA492 ... Form 5 - Notice of Appeal from the Family Court in a Juvenile Delinquency ... Expungement, on the other hand, involves the complete physical destruction of a juvenile record. ... juveniles to petition to either seal or expunge their records ... by BR LaBelle · 1981 — Almost every state has a law which prohibits public access to juvenile court records. This document explains South Carolina's as well as other states' handling ...

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South Carolina Motion To Seal Juvenile Records