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What is an Expungement, and How Long Does it Take?

On Behalf of | | Criminal Defense

A criminal record can cause serious problems for a person. It could make it harder to get a job or even rent an apartment. For that reason, getting record expungement can be advantageous. South Carolina has a specific process for expungement. It is notoriously complex. Unfortunately, not all records can qualify for expungement. However, if your record does qualify to get expunged, you should take advantage of that option. Here, our Charleston criminal defense lawyer provides a comprehensive overview of expungement in South Carolina.

What is Expungement in South Carolina?

Expungement is the process of getting records sealed. As explained by the South Carolina Legal Justice Center, expungement means that criminal files are placed “under seal so they are no longer public record.” When criminal records, whether arrest records or conviction records, have been expunged—they can only be accessed by law enforcement in limited circumstances or with an official court order. They are no longer part of the public record.

An Overview of the Requirements to Get Criminal Records Expunged

Unfortunately, not every person is eligible to get their criminal records expunged in South Carolina. There are very specific legal requirements in place. Here is an overview of the requirements to get criminal records expunged in South Carolina:

  • Only Certain Records Can Be Expunged: To qualify, you must have either been found not guilty, had your charges dismissed, or been convicted of specific minor offenses outlined in state statutes, such as certain first-offense misdemeanor convictions.
  • All Sentencing Requirements Complete: Next, you must complete all sentencing requirements, including probation, fines, and restitution, before becoming eligible.
  • No Subsequent Violations: Finally, you generally cannot have any subsequent convictions on your record during the waiting period that may be required for certain offenses.

The expungement process is complicated. You do not have to figure out the process—including whether you are eligible—alone. A top-rated Charleston, SC, expungement lawyer can help you navigate the process. Do not wait to get started with the expungement process.

How Long Does Expungement Typically Take in South Carolina?

It depends. The expungement process in South Carolina can vary widely based on the specific circumstances of the case. With that being said, it generally takes several months to complete the expungement process after any required waiting period has passed. After filing an application with the solicitor’s office, you can expect a waiting period while the case is reviewed, and a court order is prepared. The time frame often depends on factors like court schedules, paperwork processing, and the complexity of the case. Once the order is signed by a judge, it can still take a few additional weeks for all relevant agencies to update their records to ensure everything is sealed.

Speak to Our South Carolina Expungement Lawyer Today

At Query Sauter & Associates, LLC, our Charleston criminal lawyer has the skills and experience to handle all types of expungement cases. If you have any specific questions or concerns about the expungement process, please do not hesitate to contact us today for a confidential consultation. From our Charleston office, we serve communities throughout the surrounding region.