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