What Is Expungement?

South Carolina expungement completely removes a criminal arrest or conviction from someone’s record. If you get a criminal conviction expunged, your record will look as though that arrest and conviction never took place. Once an expungement is granted, all agencies are ordered to destroy all records related to the expunged arrest and conviction. If someone, such as an employer or landlord, does a background check on you, the expunged crime will not come up on a background check. If someone asks if you’ve ever been convicted of a crime, you can answer “no” if your expunged crime was the only thing on your record.

What Is Eligible for Expungement in South Carolina?

Expunging a criminal record is highly beneficial. However, the law limits the crimes eligible for expungement. South Carolina expungement is only for minor crimes and non-convictions. 

An arrest may still appear on a criminal record check even if you’re not convicted. Certain non-convictions are eligible for expungement. These include:

• Not-guilty verdicts;
• Charges a judge dismisses; and
• Cases where the prosecutor declines to prosecute.

You can expunge these arrest and non-conviction records.

Perhaps you were convicted of a crime. So you wonder, What crimes can be expunged? South Carolina crimes eligible for expungement include:

• Cases dismissed after completing a Pre-trial Intervention Program, Alcoholic Intervention Program, or Traffic Education Program;
• First-time misdemeanors under the Fraudulent Check Act;
• First-time misdemeanors for possession of marijuana (or another specified illegal drug);
• First-time misdemeanors that carry a maximum penalty of up to 30 days in jail and/or a fine of up to $1,000;
• First-time offenses of failure to stop when signaled by a police officer; 
• First-time youthful offender convictions; and
• Any non-violent juvenile offender convictions.

You must fulfill your sentence’s conditions, including completing programs and paying fines or restitution. You must also wait a specified time before applying for expungement for most of these crimes. The waiting period differs for each crime. 

Serious crimes, including felonies, are not included in the list of crimes eligible for expungement. Only relatively minor crimes and offenses are eligible for expungement in South Carolina. 

What Is the Expungement Application Process?

There is no single streamlined application process for an expungement in South Carolina. The expungement process differs based on the type of crime and the conviction location.

For a non-conviction expungement, you’ll have to contact the court clerk in the county of your arrest. They’ll have the required paperwork and will explain the procedure.

If you’d like to expunge one of the listed crimes, you must contact the Circuit Solicitor’s office where you were convicted. Each office has its own expungement procedure. An attorney will be able to advise you on how to proceed with an expungement.

What Is a Pardon?

A pardon is essentially the government’s way of forgiving you for your crime. A pardon does not erase a criminal conviction from your record. It does, however, restore many of the civil liberties lost due to a criminal conviction. With a pardon, the criminal conviction will still appear on your record with a notation of your pardon. Most crimes are eligible for a pardon. 

How Do I Apply for a Pardon?

You may wonder how to get a pardon for a felony or misdemeanor conviction? First, you must fulfill all your sentencing requirements. This includes paying any restitution or fees. You may have a waiting period if you are on probation or parole.

The South Carolina Probation, Parole, and Pardon Services Board handles pardon applications. You’ll have to provide information about yourself and letters of support from people in your community. The State will conduct an investigation. Then, it willl set a date for a hearing where you explain why you deserve a pardon. The Board will either grant or deny you a pardon.

Is Applying for a Pardon or Expungement Worth It?

Many people and agencies examine your criminal record and judge you based on your criminal history. Agencies conduct background checks for various things in your life, including:

• Employment,
• Leasing,
• Getting a loan,
• Applying to college,
• Applying for federal financial aid,
• Obtaining a gun license, and
• Obtaining various professional licenses.

If, however, you get your eligible arrest or conviction expunged, the record of that crime or offense will not show up on a criminal record check. 

If you can’t get an expungement, a pardon is worth it. A pardon restores many of your civil rights. This includes your right to:

• Serve on a jury,
• Hold public office,
• Be licensed for certain professions (depending on the criminal conviction), and
• Own a gun.

Employers, landlords, and others are more likely to look favorably on someone with a pardon than someone who doesn’t have a pardon.

Get Help from an Experienced Expungement and Pardons Attorney

You may feel overwhelmed by how to clear a criminal record in South Carolina. Let us help you. The Wilson Law Group knows the pardon and expungement procedures. We’ll help you determine if you are eligible for an expungement or a pardon. Then, we’ll prepare a solid application to clean up your criminal record. Contact us today. Our consultations are $150.