What is the expungement law in South Carolina?
Asked by: Dereck Mitchell | Last update: January 24, 2026Score: 5/5 (33 votes)
What is an expungement? Under SC law, you can apply to have certain South Carolina arrests, charges, or convictions placed under seal so they are no longer public record. Once they are sealed, these records can only be used for limited law enforcement purposes and otherwise can only be disclosed by court order.
What crimes can be expunged in South Carolina?
- Any charge that was dismissed or where the defendant was found not guilty is eligible for expungement.
- First-offense convictions for fraudulent check (bad check) charges are eligible for expungement.
How much does it cost to get your record expunged in South Carolina?
How much does it cost to have a charge expunged? Fees are determined by South Carolina law. In general, conviction fees are $250 to the Solicitor's Office, $25 to SLED and $35 to the Clerk of Court. However, fees are not due at the time of application.
What felony convictions can be expunged?
California Law
For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.
Is a pardon better than an expungement?
Pardons remove or decrease penalties. Expungement clears a charge from a criminal record. Pardons may cover any charge. Expungement only covers certain types of misdemeanors.
Expungement in South Carolina 2021
What is partial expungement?
A “Partial” or “991c” expungement clears a person's court record associated with a criminal matter (at the Court Clerk's office, oscn.com, and odcr.com), but it does not expunge the arrest record associated with the incident.
How to find out if your criminal record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
What is the second chance law in South Carolina?
April is widely known as Second Chance Month. South Carolina's expungement system allows for multiple charges to be expunged from a person's criminal record, depending on the convictions.
How can I get my record expunged for free in SC?
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.
How do I clean my background check?
There are two ways to have your criminal record cleared: having the criminal record sealed or getting the records expunged. Reputable California attorneys will provide their clients with legal advice to help them determine what is the best way to clear criminal records.
Does South Carolina follow the 7 year rule?
The length of time a pre-employment background check in South Carolina can go back is partially controlled by the FCRA's seven-year lookback restrictions.
What is the rule 41 in South Carolina?
If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.
What is the common enemy rule in South Carolina?
Charlotte, Columbia, & Augusta R.R., SC Sup. Ct. (1893) established what is called the common-enemy rule to deal with diffused surface water, i.e., stormwater, Every landowner has a right to take any measure necessary to the protection of his own property from the ravages of surface water.
Can I file for expungement without a lawyer?
You can do it yourself, but it is better to hire a lawyer. You want it done right the first time, and the process can be confusing for laypeople. It's best to hire a professional to do the work for you.
Does your criminal record clear after 7 years?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
Will an expunged record show up on a federal background check?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Is a pardon or expungement better?
If you are pardoned for an offense, the government "forgives" you for your crime—but depending on the state, your criminal record may not be erased. On the other hand, if your record is expunged, it is "forgotten" for most purposes and likely sealed from public view.
Can you reverse an expungement?
A Type of Dismissal
Instead, it is used to clear defendants' records after sentencing. In most states, an expungement would not be reversed because the defendant already served their sentence.
Can 2 felonies be expunged?
In short, almost ALL of them! Absent special enumerated statutes that prevent you from filing for a set aside petition, even felonies and strikes are eligible.
What is better clemency or a pardon?
Clemency is a general term used for the act of reducing the penalties of a crime, similar to a commutation. Also, pardons are actually considered a form of clemency. If you receive a pardon, you are always receiving clemency, but if you receive clemency, you are not always receiving a pardon.
Does a pardon remove guilt?
A pardon is an expression of the President's forgiveness and ordinarily is granted in recognition of the applicant's acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence.
What is the difference between a pardon and a full pardon?
A pardon may be full or conditional. It is conditional when its effectiveness depends on fulfillment of a condition by the offender, usually a lesser punishment, as in the commutation of the death sentence. The effect of a full pardon is unclear in some jurisdictions.
What is the rule 702 in South Carolina?
Evid. 702. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
What is the rule 404 in South Carolina?
Rule 404 - Admission Pro Hac Vice and Appearances by Non South Carolina Lawyers in Arbitration, Mediation or Other Alternative Dispute Resolution Proceedings in South Carolina (a) Motion for Admission Pro Hac Vice; Tribunal Defined.