A criminal record can hurt you in several different ways. Getting a record expunged can make a big difference. South Carolina has a process for expungement, but it is not open to all criminal records. This raises an important question: How many things can I get expunged from my record? The answer is “it depends.” The specific circumstances of the case always matter. Here, our Charleston criminal defense attorney provides a comprehensive guide to expungement in South Carolina.
Background: Understanding the Rules for Expungement in South Carolina
Our state has a formal expungement process. As explained by SC Appleseed Legal Justice Center, “you can apply to have certain South Carolina arrests, charges, or convictions placed under seal so they are no longer public record.” With that being said, not all offenses are eligible for expungement in South Carolina. There are specific criteria that must be met.
As a general rule, eligible offenses include non-violent misdemeanors, first-time offenses, and charges that were dismissed or resulted in a not guilty verdict. For instance, a first-offense misdemeanor carrying a maximum penalty of 30 days imprisonment or a $1,000 fine may be expunged after three years, provided there are no subsequent convictions during that period.
How Many Offenses Can Be Expunged in South Carolina?
South Carolina law allows for the expungement of multiple offenses under specific conditions. If multiple eligible offenses arose from a single incident and were adjudicated in a single sentencing proceeding, they may be considered as one for expungement purposes.
For example, imagine that a person was convicted of several misdemeanors during one incident and they received sentences concurrently. The law allows these criminal records to be expunged collectively. However, if offenses occurred separately or were adjudicated in different proceedings, each would be evaluated on an individual basis.
Note: There are certain programs, such as the Youthful Offender Act (YOA), that provide avenues for expungement. Under YOA, people convicted before their 25th birthday may be eligible for expungement five years after completing their sentence.
How to Apply for Expungement in South Carolina
To initiate the expungement process in South Carolina, there are certain steps that must be followed. Here are four of the most important things to do:
- Determine Eligibility: Review your criminal record to identify offenses that may qualify for expungement.
- Obtain Necessary Documents: Gather certified copies of court dispositions for each offense you wish to expunge.
- Contact the Solicitor’s Office: Reach out to the Solicitor’s Office in the judicial circuit where the charge originated.
- Submit Application and Fees: Complete the expungement application and submit it along with the required fees, which may include administrative, filing, and verification fees.
Get Help From a Criminal Defense Lawyer in Charleston, SC Today
At Query Sautter & Uricchio, LLC, our Charleston criminal defense lawyer is standing by, ready to protect your rights and your interests. If you have any questions about expungement in South Carolina, we are more than ready to help. Contact us today for a fully confidential consultation. With an office in Charleston, our firm handles expungement throughout the surrounding region.