An expungement is a legal process through which certain arrest or conviction records may be removed from public record. South Carolina law allows expungement only under specific circumstances, and not every charge or conviction is eligible.
Eligibility depends on factors including the type of charge, the disposition of the case, prior criminal history and the applicable South Carolina law.
Eligibility
Expungement eligibility depends on the specific charge or conviction, the disposition of the case, the applicant’s criminal history and the law governing that type of record.
South Carolina law permits expungement of certain non-convictions and certain convictions when statutory requirements are satisfied. Some offenses are not eligible for expungement.
Eligibility is determined through the expungement review process and should not be assumed based solely on the age or outcome of a case.
Fees
Depending on the type of expungement, applicable fees may include:
- $250 non-refundable administrative fee payable to the Solicitor’s Office
- $25 SLED verification fee, when applicable
- $35 Clerk of Court filing fee, when applicable
Certain types of expungements are exempt from some or all of these fees under South Carolina law.
Expungement Process
- Begin with the Solicitor’s Office. An applicant obtains the required expungement form from the Solicitor’s Office in the judicial circuit where the charge originated.
- Submit the application and applicable fees. The Solicitor’s Office assists with the expungement process and collects the required fees when applicable.
- Eligibility is verified. When required, the application is submitted to SLED to verify that the charge is statutorily eligible for expungement.
- Required signatures are obtained. If the charge is eligible, the Solicitor’s Office coordinates the signatures required for the expungement order.
- The order is filed. Once the necessary approvals and signatures are obtained, the completed order is filed with the Clerk of Court.
- The completed order is distributed. Copies are provided to the appropriate governmental agencies and to the applicant or the applicant’s attorney.
Please Note: Once an expungement application has been submitted to another governmental agency for review or processing, the Eighth Circuit Solicitor’s Office may not be able to track its progress. Applicants will be notified when the expungement process is complete.