Expungements

People who have previously been charged with crimes are able to have all qualifying arrest and charging records destroyed, provided they meet very specific circumstances outlined in state law.

 

We cannot expunge any information that the media released or information provided by private agencies on the internet or third party agencies.

 

The following arrests/dispositions/charges are eligible for expungement:

 

  • A charge that has been dismissed, nolle prossed, or the defendant was found not guilty is free-of-charge, provided the dismissal was not part of a plea arrangement under which the defendant pled guilty and was sentenced on other charges (S.C. Code 17-1-40). If the charge was dismissed as part of a plea agreement, that charge can be dismissed, but a fee will apply.

 

  • Charges that have been nolle prossed by the Solicitor because the defendant successfully completed the Pre-Trial Intervention Program (S.C. Code 17-22-150(a)).

 

  • Charges that have been nolle prossed by the Solicitor because the defendant successfully completed the Alcohol Education Program (S.C. Code 17-22-530(a)).

 

  • First-offense, singular misdemeanor conviction under the Fraudulent Check Law, provided no additional criminal conviction has taken place within one year from the date of conviction (S.C. Code 34-11-90).

 

  • Conviction of a first-offense Simple Possession of Marijuana charge in which a conditional discharge was received and the defendant successfully complied with the terms of that sentence (S.C. Code 44-53-450(b)).

 

  • Conviction of a first-offense as a youthful offender after five years from the date of completion of his/her sentence, including probation and parole with no additional criminal conviction during that waiting period (S.C. Code 22-5-920).

 

  • Conviction of a misdemeanor first-offense Failure to Stop for Blue Lights and no additional conviction has taken place for three years after completion of the sentence.

 

  • Conviction of a first-offense in a Magistrate or Municipal Court and no additional criminal conviction within three years from the date of conviction and the penalty did not exceed 30 days in jail or a $500 fine. There is an exception for a first-offense conviction of Criminal Domestic Violence, in which the waiting period before application is five years. Only your first offense is eligible and the law specifes that the offense must be a single crime.  However, this section does not apply to:

      ·         Traffic offense violations

·         Wildlife and game violations

·         General Sessions Convictions (exceptions: S.C. Code 22-5-920 and 56-5-750(f))

 

 

To apply for an expungement in the Fourteenth Judicial Circuit:

 

  • The charge must have originated in Allendale, Beaufort, Colleton, Hampton or Jasper Counties.
  • The applicant must fill out and submit the application (available on this website below or at any of our six offices).
  • If the charges were in General Sessions Court, the applicant is responsible for obtaining the disposition sheet from the Clerk of Court's Office and submitting it to the Solicitor's Office.
  • Pursuant to state law, the applicant must present a separate cashier's check or money order for each of the fees listed below.

 

Fee schedule

Charges dismissed, nolle prossed or found not guilty    FREE

Dismissed/nolle prossed as part of plea deal    $250 to the Solicitor's Office

Fraudulent check conviction    $250 to the Solicitor's Office, $25 to SLED and $35 to the Clerk of Court

Conditional discharge    $250 to the Solicitor's Office and $35 to the Clerk of Court

First-offense conviction/YOA    $250 to the Solicitor's Office, $25 to SLED and $35 to the Clerk of Court

First-offense failure to stop    $250 to the Solicitor's Office, $25 to SLED and $35 to the Clerk of Court

Completion of intervention program    $250 to the Solicitor's Office and $35 to the Clerk of Court

 

Submit all required documents and fees to:

 

Expungement Division

Fourteenth Circuit Solicitor's Office

Post Office Box 1880

Bluffton, South Carolina 29910

 

For more information about the process or to determine whether you are eligible, please contact our office at 843-255-5880.

 

 

 

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FORMS

Expungement Form
Expungement Form
      

Duffie Stone

Solicitor Duffie Stone