What charges are eligible for expungement in South Carolina?
This includes dismissals, nolle prossed (not prosecuted) and not guilty verdicts.
Diversion Programs - Please note that some programs may not be present in all counties
Alcohol Education Program
Traffic Education Program
Mental Health Court
1st offense misdemeanor conviction under the fraudulent check law, so long as there are no additional criminal convictions one year from the date of the conviction.
Conviction of a crime carrying a maximum penalty of up to 30 days and a $1,000 fine and there must be no additional convictions within 3 years from the date of the convictions (5 years for criminal domestic violence in the third degree).
You must now be 18 years old or older.
The crime committed was non-violent.
There are no pending charges.
Sentencing must be complete.
Youthful Offender Act
You must have been between the ages of 17-25 and were charged under the Youthful Offender Act.
You can have no further charges within 5 years of satisfying all probation, parole, and sentencing.
This now applies to individuals who were convicted before June 2, 2010, that would have otherwise qualified under the Youthful Offender Act
Now includes some felony charges, driving under suspension, and disturbing schools convictions.
Possession (Simple and Possession with the Intent to Distribute)
First offense for simple possession of a controlled substance or unlawful possession of a prescription drug so long as it has been 3 years from the completion of all probation, parole, and sentencing.
First offense possession with intent to distribute a controlled substance. You may have no other convictions within 20 years from the date of the completion of the sentence, including out of state convictions.
Failure to Stop for a Blue Light
First offense misdemeanor, failure to stop for a blue light and upon conviction was fined not less than $500 or imprisoned less than 90 days. You may have no other convictions within 3 years.
Victims of Human Trafficking
You may have charges expunged that were a direct result of the victimization. These charges usually consists of prostitution and shoplifting.