South Carolina Criminal Defense Blog

A person is on exempt from paying the Administrative fee is they apple within 1 year of the disposition date. And it is not free if the dismissal is part of a plea agreement.

That is correct.

If this law went into effect june 2,. 2009 , how come no one at the Easley Munciple Court or Diane Cagles office in Greenville SC know what to do ? I am trying to help a young boy have two items taken off (not convicted ). The only office that understands the new law in our area is in Pickens South Carolina. Can you please update the city of Easley and Diane Cagles office in Greenville SC. This young man needs his records updated ASAP

Our courts in Horry County seem to have the same problem. They will eventually come up with a new standardized form to use and they will learn the new law. We also have a few expungements that are on hold temporarily until the clerks and the solicitors office get a handle on what they are doing. It will work itself out in the next month or two.

I have a question more so than a comment. Do your agency have someone who can come to a community and explain the expungement process? I work with a group of fathers who need this information.

I have a question more so than a comment. Do your agency have someone who can come to a community and explain the expungement process? I work with a group of fathers who need this information.

I have a CDV on my record from 1997 with my ex-spouse. I recieve SSI and can't afford the fee for expungement. What else can I do to block this charge from my record? What about the pardons, or motion to amend judgement, something other than the $310.

will it show up if i join the military??

Expungements are not free even if the charges are dropped. There is still an "administrative fee for filing the paperwork of $14". At least that is the case in Spartanburg County.

I would like to know if felony possession of majuana first offense is eligible for expungement the charge took place in 2001 I have a job depending on it

I would like to know if felony possession of majuana first offense is eligible for expungement the charge took place in 2001 I have a job depending on it

It depends on how old you were at the time and whether anything else is on your record. If it is a South Carolina offense - feel free to call my office if you want to talk with someone about it.

I have felony breach of trust. Can that be expunged?

Can I get another expungement if I have already had one? I live in Rock Hill, SC. The first charge was simple assault in, 92. This is the one that was expunged, but I also had a second charge that was in 97, that was simple assaut, but I don't know why the both was not expunged. Can anyone help with with this.

In South Carolina some misdemeanor convictions (assault and battery) can be expunged after 3 years if there are no other convictions. You can only do this once.

I was convicted in 2001 under the YOA in chesterfield county. I did 10 months released on parole did 1 year on parole and let go. in 2002.I had previous misdemeanor charges before 1999. Can this be expunged I cant get a answer from ex parole officer. all crimes were non violent charges

I think that you cannot have your conviction expunged due to the prior convictions. The text of the revised statute is below - I believe the language "first offense conviction as a youthful offender" would rule out anyone who has prior convictions.

"(B) Following a first offense conviction as a youthful offender, the defendant after five years from the date of completion of his sentence, including probation and parole, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25, Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the five-year period following completion of his sentence, including probation and parole, for a first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section."

In 1989 I pled guilty to 2 counts of MIPP over $200 and was sentenced under the YOA to 5 years suspended to 3 years probation. This sentence was satisfied in 1992 with no problems. Approximately 3-4 years later I was charged with interfering with a police officer, and this charge was subsequently dropped the day of the hearing. In August of 2003 I pled guilty to 2 counts Dist. cocaine and 1 count PWID cocaine. On these charges I was sentenced to three 8 yr. terms, suspended to successful completion of Drug Court. This sentence was satisfied on November 4th 2004. My question is this, since there were no prior convictions to 1989 and no convictions between 1989 and 2003, am I eligible to have the charges and convictions prior to 2003 expunged?

I was charged and I pleaded guilty to Threating a Public Official I had gotten a PDC and the officer through this charge on to . I was charged 5 years suspended to 2 yr probation , fine~`I am off of probation and completed my sentence My ? is> Is this a Felony charge and what do you have to do to get it off your record?

i am having a problem! @ age 16 i was arrested, first time ever, no juvenile charges at all. I was convicted @ the age of 17 under the YOA. I went through Shock and was released. After paying full restitution i was released from parole also. I am now 31 and would love to gett this off of my record. I have been arrested for 2 misdemeanors since, disorderly conduct and tresspassing. I have been told that i can not have this expunged b/c of the 2 misdemeanors. I have also been dismissed from nursing classes b/c of my felony record. Do you have any advice on what i may be able to do? Would appreciate any advice....thanks.

In 1996 at age 17,I was with some some people who wanted to do a home robery.I took full responsibility for my actions. I was Charged and convicted under the Youthful Offender Act. The charges were ATTEMPED robery,gun charges,assult w/intent to kill,stolen goods (the guns that were used)and larceny.I served 100% of my sentance which was two years and Four months,with good behavior. I have not had any run ins with law enforcement what so ever(not even a parking ticket). I have several personal referances that will also state my character is that of an upstanding citizen. I'd like to become a counseler and help troubled youth. Please help remove this horriable mistake from my life !

Thanks
-Mary Catherine

i was convicted of trafficking cocaine in 2006 in charleston county. what are the laws regarding pardons and expungement for first time offenders. no other criminal charges on my record.

I recommend that you contact an attorney to help you get a pardon down the road, but there's nothing that you will be able to do right now.

You are probably not going to get this expunged. You may be able to get a pardon eventually, but I will tell you that it is too soon to successfully apply for a pardon in your case.

Hope someone can help.
I was convicted yesterday of assult and battery in Greenville SC. The ruling was given by a magistrate and im also a British citizen on holiday.
The Magistrate said I was guilty but had served my sentance of a day in prison and would not be fined. I was not given another court date is this correct? Can i still enter the US, as my company may send me here? Lastly can i have my record cleared after 3 years or sooner?

Thanks in advance

Robert

I have a failure to stop for blue light ,tampering with a motor vehicle and simple assualt that occurred last year.I also haas convicted of filing a false police report (. Felony). Because it the veh was valued at more than 10k. I have completed all probation requirements etc: can I have the felony and he other misdeanor charges expunged? Thanks

I was convicted in 2005 of financial Identity fraud. I was given 5 years probation and to pay back the money. After the money was payed my probation was over. This was my first conviction. Is there anywhere for me to get it expunged? I was 34 years old at the time. Thanks

Cheryl: No. You can try to get a pardon, that is your only option in S.C.

I was convicted of possesion of a controlled substance in 2005. I was 18 at the time. I am trying to get into the medical field and am currently enrolled in school. I had made an attempt to have this removed from my record and was told that i had to wait 5 years after my last day of probation. Is this true and is there anyway i can have this removed sooner? I have recommendation letters from professors with doctorets. I jus want to get this over with and move on with my life.

I was convicted of a grand larceny charge in 2006 <$5000 (felony) I received 3 years suspended to 3 years probation which I completed. Is it possible to have this felony removed from my record? I did have previous misdemeanor charges before the felony conviction..but none since. Is it worth seeking a lawyer or am I stuck with a felony on my record?

TY in advance

i was convicted of failure to stop for a blue light in 2005. received community service and probation until i completed it. I filed for expungement last year and was granted. The charges are off my criminal record but are still on my dmv record. My lawyer is saying there is no way to get them off my driving record. this dose not sound right to me. The way i read the law is expungement is to return you to the status you were at before conviction. should the charges be taken off my driving record? i have a job that requires it

I plead guilty possession of crack cocaine in 1993, the 2nd charge of manufacturing crack was thrown out yet still appears on my sled report; at the time of my arrest I was 25 y/o however at the time of conviction I was 26 y/o there has been no infractions for 17 years not even a parking ticket. The word misdemeanor appears next to the chargest on my sled report. Am I eligible for an expungement?

I have a breach of trust over 5,000 on record, i had ten years suspended with 5 years probation,this was my first offense, but because of the money amount i could not get pti, i finished my probation in 2009, there was a balance left on my restitution which the judge converted to a judgement and ended my probation, i have never been in any other trouble in life. it has been 7 years since the conviction and i cant find a job with this felony on my record. is there a way i can get it expunged, it happened in richland county.

In 1987, I was addicted to crack cocaine. I was arrested with drug contraband(glass pipe). When the pipe was sent to SLED, they found,"traces of cocaine residue" and I was charged and convicted for possesion of cocaine. I was given 2 yrs, suspended to 1 yr. probation:1st time offense, Public defender, no PTI.

I got clean from all mood and mind altering substances in Nov. of 1988 and have been a productive member of society since.

Went to purchase a hand gun for my protection and found out that as a convicted felon, I can not legally purchase a gun in SC or anywhere else.

Is there anything I can do to have this expunged?

My girlfriend was convicted of assau/batt/w/kil when she was 17 in charleston sc! Can she get that expunged off her record?

I was convicted in fl back in 2004 for possession of cocaine and smuggling contraband into a detention facility.Now that im in SC,could my charges be exspunged?

I have some fraudulent check charges on my record. I paid the fee to the solicitors office and only one was expunged.The same one is still showing up on my local county report. Can I have this removed. I ran the online SLED criminal back ground check it came up showing no records. I have been turned down for 3 jobs since January 2010. All the checks (5) totaled only around 100 dollars but on the report that the last turned down employee was able to give me shows $1000 or less or $500 or less. Is there anything I can do?

In 2002 I was arrested and convicted of PWID of marjuania. I served 6 months probation. I was 25 at the time. Since then I have had a clean record with no type of charges or even traffic violations. Is there anyway to remove this charge from my record I am wanting to purchase a handgun to have as protection for me and my family. Thank you for any help you can give me.

I pled guilty to felony convictions of pwid crack & pwid crack in school zone back in 2002. I served my sentence. Previously I had a misd. conviction of disturbing the peace in 1996. Is there anything I can do to expunge or pardon those felonies

I plead guilty to forgery, no dollar amount. I was sentenced to 10 years, suspended to 5 years probation. This was my first misdemeanor conviction. Can this be expunged?

My boyfriend was locked up in 06 for two charges armed robbery and assault with intent to kill. The armed robbery was dropped however the assault charge is still pending and he hasnt been to court yet and is seeking employment. However he cant get hired because of his previous stupidity. Can he have it expunged or something it has been almost 5 yrs and still no court or anything!

The SC legal system is a total mess. Never have I seen first hand how this racket is so poorly managed that it needs to be cleaned out and new people put in their place with strict enforcement of court rules and ethics.

Can a felony be reduced to a misdemeanor in SC? and if so, what are the terms for this to happen?

my boyfriend is a first time offender charged with possession of paraphenelia in 2007 is this a felony in sc can it be reduced to a misdemeanor and be expunged its been 3 years almost 4 he was told yes and now today the solicitors office called we live in nc and said no how can two people from the same office have different answers what the h is going on help

i received an implied consent charge 2 and half years ago.this june will be 3 years can i get it expunged so i can get it off my s.c driving record?

I WAS CHARGED WITH GRAND LARCENY WHEN I WAS 17 AND HAVEENT GOT IN ANYMORE TROUBLE SINCE NOW IM TRYING TO JOIN THE MILITARY BUT CAN BECAUSE I HAVE A FELONY AND THEY ARE NOT GIVING FELONY WAIVERS I DID TRY THE PTI PRORAM BUT COULDNT AFFORD THE RESTITUTION SO THEY KICKED ME OUT OF IT NOW I WANTED TO KNOW HOW DO I GO ABOUT GETTING IT EXPUNGED

I pled guilty to a 3rd degree arson charge in 6/2004. Can I get this charge expunged?

I have a grand larceny charge it says 1,000 or more that I was convicted of in 1999. I paid my restitution and done probation. Can I get this expunged?

I was charged with 3 counts of simple assault and 2 counts simple assault and battery ... all at the same time. Do these count as one conviction and can I have them expunged. I was convicted in early 2009.

I have a first offense charge from Nov. 2003. For ABHAN can this be expunged?

I was arrested for CDV 1st offense and if I am convicted how much will it effect me getting a job and can I get it expunged from my record at some point?

i was convicted of poss of firearm in a school zone in 2000 which i received a one year sentence in a federal boot camp then in 2004 i was convicted of common law robbery and i got the yoa sentence i was told there was no way to get them expunge but also told that u could have it expunge after 6 months is it possibble?

I was told that I could speak with my arresting officer about having my case dismissed under mutual terms as long as the officer agreed and the judge agreed with the officer so that I wouldn't have to go to court if an agreement could be made and my case dismissed?

I was arrested on CDV 1st offense and I've already had my first appearance in court and my case was transferred because I entered a plea of not guilty.

I have no record, not even a traffic ticket in over 7 years and it was a minor incident and my husband has been advised by a lawyer to claim "spousal immunity" stating that without him and no evidence they have no case against me.

in spartanburg county over 200 new general sessions cases are entered into the system. thats why it takes years to get to court it sucks..

I was arrested for DUI in the state SC 2009. I initially passed the field sobriety test but was aresseted anyway. While in the police station I reused to blow. Went to court 2010 and all charges were dismissed because during the discovery phase of the trial the officer misplaced all evidence. I never entered a plea of guilty at any time. Am I able to get these charges expunged from my MVR free of charge? they are really limiting my ability to work?