A criminal record can follow you around long after your case is over. Even if the charge was minor or you didn’t end up convicted, it can still show up on background checks. That can make it harder to get a job, find housing, or even go back to school. In South Carolina, expungement offers a way to clear certain charges from your record, but not every charge qualifies.
If you’re wondering whether your record can be wiped clean, it’s important to understand what the law allows. South Carolina has specific rules about what can be expunged, while some charges are excluded entirely.
Charges That May Be Expunged
In South Carolina, certain charges can be removed from your record under specific conditions. If you were arrested but never convicted, like if your charges were dismissed or you were found not guilty, you can usually get those records expunged. There is no waiting period for dismissals or acquittals.
You may also be able to expunge certain minor convictions. For example, first-offense misdemeanors in magistrate or municipal court can often be expunged after three years if you’ve stayed out of trouble. Simple possession of marijuana (first offense) is eligible after three years as well. A first-offense conviction for a bad check under $1,000 can be expunged after one year.
Pre-Trial Intervention (PTI), Alcohol Education Program (AEP), and Traffic Education Program (TEP) participants can have their records cleared if they successfully complete the program. Certain youthful offenders sentenced under the Youthful Offender Act (YOA) may also qualify for expungement after five years, assuming no further convictions.
What Charges Cannot Be Expunged?
Not every charge can be cleared. Serious violent crimes, felony drug charges, and offenses involving a weapon usually cannot be expunged in South Carolina. For example, charges like armed robbery, murder, or criminal sexual misconduct stay on your record permanently if you’re convicted.
DUI and DUAC (driving with an unlawful alcohol concentration) convictions also cannot be expunged in South Carolina no matter how much time has passed. Similarly, traffic offenses and most felony convictions are not eligible for expungement.
The law is strict about what can be cleared, so it’s important to know from the start whether your charge falls within the limits of the expungement rules.
Final Thoughts
A criminal record doesn’t have to follow you forever, but not every charge can be erased. If you think you may qualify for expungement, it’s worth exploring. Clearing your record can open doors and give you a fresh start.
At Cate & Brough, PA, we help people in South Carolina figure out if their charges can be expunged and handle the paperwork to make it happen. If you want to find out if you’re eligible, contact us today.
Cate & Brough, P.A.
