What charges are eligible for expungement in South Carolina?

What charges are eligible for expungement in South Carolina?

  1. Non-Convictions
    • This includes dismissals, nolle prossed (not prosecuted) and not guilty verdicts.
  2. Diversion Programs - Please note that some programs may not be present in all counties
    • Pre-Trial Intervention
    • Alcohol Education Program
    • Traffic Education Program
    • Homeless Court 
    • Veteran’s Court
    • Mental Health Court
    • *Conditional Discharge*
  3.  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.
  4. 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).
  5. Juvenile Offenses
    • You must now be 18 years old or older.
    • The crime committed was non-violent.
    • There are no pending charges.
    • Sentencing must be complete.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
NSMI tag: 
Records/Record Expungement