Expungement & Record Sealing Lawyer South Carolina
Having a criminal record can impact employment, housing, and other opportunities. Holloway Law in South Carolina assists clients seeking expungement or record sealing to clear or limit access to past convictions. Our attorneys carefully review your eligibility, prepare the necessary filings, and advocate on your behalf in court to improve your future prospects. Protecting your rights and future is our priority. Contact 864-405-9899 to schedule a consultation with an expungement and record sealing lawyer who will guide you through the process.
What Crimes Qualify for Expungement in South Carolina
A criminal record can have lasting consequences. It can affect employment opportunities, housing applications, professional licensing, and even educational prospects. In South Carolina, expungement offers a legal pathway to clear certain offenses from a person’s record, giving them a chance to move forward without the burden of past charges. However, not every crime qualifies, and the process involves specific rules and requirements. Understanding which offenses are eligible and how expungement works is essential for anyone seeking relief.
What Expungement Means in South Carolina
Expungement is a legal procedure that removes a criminal record from public access. Once a case is expunged, it generally no longer appears in standard background checks or public records. Certain government agencies may still have access to the information for specific purposes, such as law enforcement or licensing decisions, but for most purposes, it is treated as if the conviction or charge never occurred.
Expungement is distinct from record sealing or pardon. While a pardon forgives the offense, expungement removes it from the record, providing broader benefits when applying for jobs or housing.
Eligibility for Expungement
Not all offenses qualify for expungement in South Carolina. The law outlines strict criteria, and eligibility depends on the type of offense, the outcome of the case, and the amount of time that has passed.
Misdemeanors
Many misdemeanors are eligible for expungement, particularly if the case did not result in a conviction. Common examples include:
- Minor drug possession charges
- Simple assault where no serious injury occurred
- Petit larceny or shoplifting under certain limits
- Disorderly conduct
For misdemeanor convictions, eligibility often requires a waiting period after completion of the sentence, including fines, probation, or community service. The waiting period is designed to demonstrate rehabilitation and responsible behavior.
First Offender Programs
South Carolina offers first offender programs for certain crimes, which may provide a pathway to expungement. If an individual successfully completes a first offender program, the charge can often be expunged without a conviction being entered on their record. This option is generally available for nonviolent crimes and minor drug offenses.
Dismissed or Not Guilty Charges
Charges that were dismissed or resulted in a not guilty verdict are almost always eligible for expungement. Since the individual was not convicted, the law recognizes the importance of removing records that could unfairly impact future opportunities. This category includes:
- Charges dismissed by the prosecutor
- Cases where a jury or judge acquitted the defendant
- Situations where charges were dropped for procedural reasons
Certain Drug Offenses
South Carolina law allows for expungement of some drug offenses, particularly nonviolent, first-time drug charges. Minor possession charges often qualify, while trafficking or distribution charges typically do not. Eligibility may depend on whether the individual has completed all court-ordered conditions and how much time has passed since the case was resolved.
Juvenile Offenses
Offenses committed as a juvenile may be eligible for expungement under South Carolina law. Juvenile expungement rules are designed to allow young people to move forward without a permanent record of minor mistakes. The court often considers the individual’s age at the time of the offense, the nature of the crime, and their behavior since the case was resolved.
Offenses That Generally Do Not Qualify
Certain crimes are excluded from expungement. These typically include:
- Violent felonies, such as murder, manslaughter, or armed robbery
- Sexual offenses involving minors
- DUI cases resulting in serious injury or death
- Felonies involving trafficking or large-scale drug distribution
These exclusions reflect public policy priorities and the severity of the crimes. Individuals convicted of these offenses are generally not eligible to have their records expunged.
The Expungement Process
Expungement requires filing a petition with the court. The petition must include information about the case, the charges, the outcome, and any rehabilitation or compliance with court-ordered requirements. The court reviews the petition, and in some cases, a hearing may be held. The prosecutor may have the opportunity to object to the expungement.
If the court grants the petition, the record is removed from public access. Law enforcement databases are updated, and the individual can legally state that the offense did not occur when asked about prior criminal history in most circumstances.
Why Legal Assistance Matters
Expungement may seem straightforward, but the process can be complicated. Legal assistance is often necessary to ensure the petition is filed correctly, deadlines are met, and eligibility is properly demonstrated. A skilled attorney can review the case, identify qualifying charges, and guide the client through any challenges, such as objections from the prosecutor.
Additionally, a lawyer can help identify alternative relief options for charges that do not qualify for expungement, such as record sealing or pardon applications. These strategies may provide some of the same benefits for employment and licensing purposes.
Expungement offers individuals in South Carolina the opportunity to move past certain criminal charges and convictions. Eligibility depends on the type of offense, the outcome of the case, and compliance with court requirements. Misdemeanors, dismissed charges, first offender cases, and certain juvenile or minor drug offenses are most often eligible. Serious felonies, violent crimes, and offenses involving sexual misconduct generally do not qualify.
For those considering expungement, understanding the law and navigating the process correctly is crucial. A skilled attorney can ensure that petitions are properly filed, increase the likelihood of approval, and provide guidance for cases where expungement may not be available. By pursuing expungement when possible, individuals can clear their record and improve their chances for employment, housing, and a fresh start.
Clear Your Record With an Expungement & Record Sealing Attorney in South Carolina
Criminal records can affect employment, housing, and other life opportunities. Holloway Law in South Carolina assists clients seeking expungement or record sealing to limit or eliminate access to past convictions. Our attorneys review eligibility, prepare filings, and advocate in court to improve your future prospects. We provide guidance and advocacy throughout the legal process to safeguard your rights. Call 864-405-9899 to schedule a consultation with an experienced expungement and record sealing attorney who will work to protect your future.
