What is eligible for expungement in South Carolina?
Non-Convictions
This includes dismissals, nolle prossed (not prosecuted) and not guilty verdicts.
Diversion Programs
Pre-Trial Intervention
Alcohol Education Program
Traffic Education Program
Homeless Court
Veteran’s Court
Mental Health Court
Fraudulent Checks
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.
General Misdemeanors
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).
Juvenile Offenses
You must now be 18 years old or older. The crime committed was non-violent and there are no pending charges.
Youthful Offender Act
You must have been between the ages of 17-25 and can have no further charges within 5 years after all probation, parole, and sentencing.
This now applies to individuals who were convicted before June 2, 2010 and would have otherwise qualified under the Youthful Offender Act
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.
