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1. What is an expungement?

An expungement is a court order that removes something from your criminal record. It is also called an Order for Destruction of Arrest Records. Law Enforcement, Prosecution agencies and Detention/Correctional facilities are not obligated to destroy records under state law; however the information is not for public dissemination.

2. How much does it cost to have a charge expunged?

Fees are determined by South Carolina law. In general, conviction fees are $250 to the Solicitor’s Office, $25 to SLED and $35 to the Clerk of Court. However, fees are not due at the time of application. If your charge(s) is eligible for expungement, you will be notified of any fees necessary to process your request. All fees must be in the form of a money order or certified cashier’s check and are non-refundable. Fees are subject to change at any time.

3. Can I get a fee waiver if I cannot afford the fees?

By law, the $250 application fee can only be waived in cases where it is determined a person has been falsely accused of a crime as a result of identity theft. A report of identity theft must be filed with a law enforcement agency and be verified with SLED through fingerprints.

4. Will a previous expungement keep me from getting one for a current charge?

All sections of law, which allow a convicted charge to be expunged, can only be used once in a lifetime. You cannot choose which convictions are to be removed. Eligibility for expungement is determined by South Carolina Laws.

5. How do I get a charge that was dismissed or not guilty in a Magistrate or Municipal court expunged?

You will need to contact the court which handled your case in order to apply for an expungement. If our office provides these services the Spartanburg County Clerk of Court charges $14.00 and the Cherokee County Clerk of Court charges $10.50 for dismissals without plea agreements.

6. How can I obtain a criminal background check?

A criminal background check can be obtained by contacting the following agency. Fees are determined by agency. http://www.sled.sc.gov/ and click on criminal background check on the left side of the page.

7. If I completed pre-trial intervention (PTI) or the Alcohol Education Program (AEP), can I get my charge(s) expunged?

Yes, you will need to contact the office that you participated in.

8. How do I know if the charge has been removed from my record?

You will receive a copy of the Expungement Order notifying you that the court has complied with the order and has notified all criminal court agencies. Each agency is responsible for destroying their record of your arrest. Do not assume that the charge has been removed until you view your criminal background check. Law enforcement, prosecution agencies and detention/correctional facilities are not obligated to destroy records under state law;
however the information is not for public dissemination. To verify the charge(s) has been removed, you will need to obtain a criminal background check from the South Carolina Law Enforcement Agency (SLED) at http://www.sled.sc.gov/

9. Can I have my traffic violations expunged?

Traffic offenses, motor vehicle offenses, and wildlife and game offense cannot be expunged. Magistrate and municipal courts are not required to expunge non-convicted traffic offenses if the defendant was not fingerprinted at the time of arrest or if the defendant was charged with a violation of Title 50 (Fish, Game and Watercraft), Title 56 (traffic) or a county or municipal ordinance. Convictions for Driving under the Influence (DUI), Driving under Suspension (DUS) or Reckless Driving are not eligible for expungement.

10. What if my charge is from a different state?

You must contact the Prosecuting Attorney’s Office/Solicitor’s Office in the State and County in which the charge occurred.

11. Why can't my conviction be expunged when it is such an old charge?

Criminal history is a permanent record and the age of the charge(s) does not determine eligibility.

12. What if the criminal record check does not show what happened to the charge?

Sometimes a criminal record will show a charge was issued against you but does not show the outcome. You can obtain the disposition from the court which heard the case. If there is not a disposition available for the charge, you will need to obtain a letter from the court or the arresting agency where you appeared stating that a disposition cannot be found.

13. What is a pardon? Where do I get information from for a pardon?

A pardon is a grant by the state that excuses a person convicted of a crime from its legal consequences. It does not erase a conviction, it just ends the penalty. For more information contact the South Carolina Department of Probation, Parole and Pardon Services at http://www.dppps.sc.gov/. OUR OFFICE DOES NOT PROCESS PARDONS.

14. Where can I find more information regarding expungement if I still have questions?

If you still have questions regarding expungement, visit http://www.sccourts.org/