South Carolina Expungement Laws: How to Clear or Seal a Criminal Record
How to expunge or seal a criminal record in South Carolina: arrests, misdemeanors, felonies, DUI, juvenile records, waiting periods, fees and how to file.
Quick answers for South Carolina
- What relief the state offers
- South Carolina offers "expungement," a court order that removes a record from a person's criminal history. It is also called an Order for Destruction of Arrest Records. S.C. Code Ann. §§ 17-22-910, 17-1-40; SC Judicial Branch FAQ
- Misdemeanor convictions
- A conviction for a crime punishable by no more than 30 days in jail or a $1,000 fine, or both, can be expunged three years after the conviction if the person has no other conviction during that time. S.C. Code Ann. §§ 22-5-910, 17-22-910
- Felony convictions
- Felony expungement is limited to specific situations. A first-offense youthful offender conviction can be expunged five years after the sentence (including probation and parole) is completed, if the person has no other conviction. S.C. Code Ann. §§ 22-5-920, 22-5-930(B)
- Automatic (clean slate) relief
- Limited. When charges in magistrate or municipal court end in a not-guilty finding, dismissal or nol pros and the person was fingerprinted, the summary court must issue an expungement order on its own, at no cost. S.C. Code Ann. § 17-22-950
Last verified: 2026-10-27
Who qualifies
| What relief the state offers | South Carolina offers "expungement," a court order that removes a record from a person's criminal history. It is also called an Order for Destruction of Arrest Records. Expungement is available only for charges that did not end in conviction and for specific minor or first-time offenses listed in the law. There is no general expungement for most felonies. The Board of Paroles and Pardons can grant a pardon, which restores civil rights but does not expunge the record. |
|---|---|
| Arrests and dismissed charges | When charges are dismissed, nol prossed (dropped by the prosecutor), or end in a not-guilty verdict, the arrest and booking records, mug shots and fingerprints can be expunged and destroyed. Law enforcement and prosecutors may keep some records under seal (non-public) for 3 years and 120 days, and longer for investigations or litigation. In magistrate and municipal (summary) courts, if the person was fingerprinted, the court must issue the expungement order on its own at no cost. This does not apply if the dismissal happened at a preliminary hearing or related charges are pending in general sessions court. A person who was not fingerprinted may apply to the summary court at no cost. For general sessions charges, the person applies through the Solicitor's office. No fees apply unless the charge was dropped as part of a plea deal in which the person pled guilty to other charges. |
| Misdemeanor convictions | A conviction for a crime punishable by no more than 30 days in jail or a $1,000 fine, or both, can be expunged three years after the conviction if the person has no other conviction during that time. This also applies to a first offense of unlawful firearm or weapon possession carrying no more than one year or $1,000. Third-degree domestic violence can be expunged after five years. Offenses involving the operation of a motor vehicle are excluded. Expungement under this section is allowed only once, and not while other charges are pending (unless they have been pending more than five years). Other listed misdemeanor expungements include first-offense fraudulent check and charges dismissed after pretrial intervention, alcohol education, or traffic education programs. |
| Felony convictions | Felony expungement is limited to specific situations. A first-offense youthful offender conviction can be expunged five years after the sentence (including probation and parole) is completed, if the person has no other conviction. Violent crimes, Chapter 25 (domestic violence) offenses with limited exceptions, sex-offender-registry offenses, and motor-vehicle offenses are excluded. A first-offense conviction for possession with intent to distribute a controlled substance can be expunged 20 years after completing the sentence, if the person has no other drug or felony conviction during that period. Each of these can be used only once. |
| DUI / DWI convictions | No. DUI convictions cannot be expunged. The main expungement laws exclude offenses involving the operation of a motor vehicle. The Judicial Branch says the only traffic offense that can be expunged is a first-offense failure to stop when signaled by a law enforcement vehicle. |
| Juvenile records | A person taken into custody for, charged with, or adjudicated delinquent for a status offense or a nonviolent crime may petition the family court to expunge all related records. This is not available if the person has a prior adjudication for an offense that would carry five or more years for an adult. The court must grant expungement of status offenses and may grant it for nonviolent crimes. The person must be at least 18, have completed the sentence, have no later adjudications or convictions, and have no pending charges. If the person was found not guilty, the court must grant expungement at any age, with no fee. Violent-crime adjudications cannot be expunged. After expungement, the person is restored to the legal status they had before being taken into custody, and cannot be charged with perjury for not mentioning the matter. Source: S.C. Code Ann. § 63-19-2050 |
| Past marijuana convictions | The laws reviewed have no marijuana-specific clearing program. Marijuana possession falls under the general drug provisions. A first-offense conviction for simple possession of a controlled substance can be expunged three years after the sentence is completed if the person has no other convictions, and charges dismissed through a conditional discharge can also be expunged. A person cannot use the first-offense provision for simple marijuana possession if they had a conditional discharge in the five years before the arrest. |
How to apply
| How to apply | The Solicitor's office in each judicial circuit handles all expungement applications, except non-convictions in magistrate or municipal court, which go to that court's clerk. Contact the Solicitor's office in the circuit where the charge started and get its mandatory expungement order form. The office helps complete the form and coordinates with SLED (the State Law Enforcement Division), and with the Department of Juvenile Justice for juvenile cases, to confirm eligibility. The Solicitor signs, then a circuit court judge (or family court judge) signs, and the office files the order and sends copies to the agencies involved. Each order generally covers one charge, unless multiple charges from one incident are being expunged as non-convictions or after pretrial intervention. If the Solicitor does not consent, a retained lawyer may ask the circuit court to decide eligibility. |
|---|---|
| Filing fee | In most cases the applicant pays a $250 non-refundable administrative fee to the Solicitor's office, a $25 SLED verification fee, and a $35 Clerk of Court filing fee. The clerk fee is refunded if the charge turns out to be ineligible. Each fee is paid by separate certified check or money order. No fees apply to expungement of dismissed, nol prossed or acquitted charges, unless they were dropped in a plea deal. Non-conviction expungements in summary court are free. Solicitor's offices keep donation funds that can cover up to 50% of the administrative fee on a first-come, first-served basis. The $250 fee can be waived only for identity-theft victims. |
| Automatic (clean slate) relief | Limited. When charges in magistrate or municipal court end in a not-guilty finding, dismissal or nol pros and the person was fingerprinted, the summary court must issue an expungement order on its own, at no cost. This happens after the appeal period ends and within 30 days after it. Those charges must also be removed from all Internet-based public court records within 30 days of disposition, whether or not the person applies. All other expungements require an application. Source: S.C. Code Ann. § 17-22-950 |
| Getting a copy of your criminal record | The South Carolina Law Enforcement Division (SLED) provides South Carolina criminal record checks through SLED CATCH, a name-based search you can run online to view and print results ($25 non-refundable fee plus a $1 convenience fee; since July 1, 2026, online requests also carry a $1.43 service fee per $25 report). You can instead mail the Criminal Records Check Form with payment (business, certified or cashier's check or money order; no personal checks or cash) and a self-addressed stamped envelope to SLED Records Department, PO Box 21398, Columbia, SC 29221-1398. Results cover South Carolina only; SLED does fingerprint-based checks only when a statute requires it. Subjects have a right to correct erroneous criminal record information. Questions: SLED Public Dissemination Unit, 803-896-1443. |
After your record is cleared
| What clearing a record does | Expunged arrest and booking records, mug shots and fingerprints must be destroyed, though law enforcement, prosecutors and jails may keep some records under seal for limited purposes and periods. SLED keeps a non-public record of certain expungements only to make sure each one-time expungement is used once. Employers may not use expunged information against a worker (except criminal justice agencies), and an employer cannot be sued over a worker's expunged offense. The sections reviewed do not address firearm rights. A state expungement may not change how federal immigration authorities treat a conviction. |
|---|---|
| Pardons | The Board of Paroles and Pardons, within the Department of Probation, Parole and Pardon Services (SCDPPPS), decides pardons. Two-thirds of the Board must sign a pardon order. Probationers and people who have finished their sentence can apply any time after discharge. Parolees can apply after five years of successful supervision, or after the full parole period if that is shorter. All restitution must be paid first. The application requires reference letters and a $100 non-refundable fee. It takes about 7 to 9 months to reach a hearing. A pardon restores civil rights lost through the conviction, such as the right to hold public office (with a limited exception) and to testify without the conviction being used to impeach the witness, except as the rules of evidence allow. It does not remove the conviction: the record shows that it was pardoned. A South Carolina pardon restores only South Carolina rights, so federal or other-state firearm bans still apply. |
Where to get help in South Carolina
Expungement & Criminal Records FAQ
Can you get a criminal record expunged in South Carolina?
South Carolina offers "expungement," a court order that removes a record from a person's criminal history. It is also called an Order for Destruction of Arrest Records. Expungement is available only for charges that did not end in conviction and for specific minor or first-time offenses listed in the law. There is no general expungement for most felonies. The Board of Paroles and Pardons can grant a pardon, which restores civil rights but does not expunge the record.
Can you clear an arrest or dismissed charge in South Carolina?
When charges are dismissed, nol prossed (dropped by the prosecutor), or end in a not-guilty verdict, the arrest and booking records, mug shots and fingerprints can be expunged and destroyed. Law enforcement and prosecutors may keep some records under seal (non-public) for 3 years and 120 days, and longer for investigations or litigation. In magistrate and municipal (summary) courts, if the person was fingerprinted, the court must issue the expungement order on its own at no cost. This does not apply if the dismissal happened at a preliminary hearing or related charges are pending in general sessions court. A person who was not fingerprinted may apply to the summary court at no cost. For general sessions charges, the person applies through the Solicitor's office. No fees apply unless the charge was dropped as part of a plea deal in which the person pled guilty to other charges.
Can a misdemeanor be expunged in South Carolina?
A conviction for a crime punishable by no more than 30 days in jail or a $1,000 fine, or both, can be expunged three years after the conviction if the person has no other conviction during that time. This also applies to a first offense of unlawful firearm or weapon possession carrying no more than one year or $1,000. Third-degree domestic violence can be expunged after five years. Offenses involving the operation of a motor vehicle are excluded. Expungement under this section is allowed only once, and not while other charges are pending (unless they have been pending more than five years). Other listed misdemeanor expungements include first-offense fraudulent check and charges dismissed after pretrial intervention, alcohol education, or traffic education programs.
Can a felony be expunged in South Carolina?
Felony expungement is limited to specific situations. A first-offense youthful offender conviction can be expunged five years after the sentence (including probation and parole) is completed, if the person has no other conviction. Violent crimes, Chapter 25 (domestic violence) offenses with limited exceptions, sex-offender-registry offenses, and motor-vehicle offenses are excluded. A first-offense conviction for possession with intent to distribute a controlled substance can be expunged 20 years after completing the sentence, if the person has no other drug or felony conviction during that period. Each of these can be used only once.
Does South Carolina have automatic record clearing (clean slate)?
Limited. When charges in magistrate or municipal court end in a not-guilty finding, dismissal or nol pros and the person was fingerprinted, the summary court must issue an expungement order on its own, at no cost. This happens after the appeal period ends and within 30 days after it. Those charges must also be removed from all Internet-based public court records within 30 days of disposition, whether or not the person applies. All other expungements require an application.
Can a DUI be expunged in South Carolina?
No. DUI convictions cannot be expunged. The main expungement laws exclude offenses involving the operation of a motor vehicle. The Judicial Branch says the only traffic offense that can be expunged is a first-offense failure to stop when signaled by a law enforcement vehicle.
How do you seal a juvenile record in South Carolina?
A person taken into custody for, charged with, or adjudicated delinquent for a status offense or a nonviolent crime may petition the family court to expunge all related records. This is not available if the person has a prior adjudication for an offense that would carry five or more years for an adult. The court must grant expungement of status offenses and may grant it for nonviolent crimes. The person must be at least 18, have completed the sentence, have no later adjudications or convictions, and have no pending charges. If the person was found not guilty, the court must grant expungement at any age, with no fee. Violent-crime adjudications cannot be expunged. After expungement, the person is restored to the legal status they had before being taken into custody, and cannot be charged with perjury for not mentioning the matter.
How do you file for expungement in South Carolina?
The Solicitor's office in each judicial circuit handles all expungement applications, except non-convictions in magistrate or municipal court, which go to that court's clerk. Contact the Solicitor's office in the circuit where the charge started and get its mandatory expungement order form. The office helps complete the form and coordinates with SLED (the State Law Enforcement Division), and with the Department of Juvenile Justice for juvenile cases, to confirm eligibility. The Solicitor signs, then a circuit court judge (or family court judge) signs, and the office files the order and sends copies to the agencies involved. Each order generally covers one charge, unless multiple charges from one incident are being expunged as non-convictions or after pretrial intervention. If the Solicitor does not consent, a retained lawyer may ask the circuit court to decide eligibility.
How much does expungement cost in South Carolina?
In most cases the applicant pays a $250 non-refundable administrative fee to the Solicitor's office, a $25 SLED verification fee, and a $35 Clerk of Court filing fee. The clerk fee is refunded if the charge turns out to be ineligible. Each fee is paid by separate certified check or money order. No fees apply to expungement of dismissed, nol prossed or acquitted charges, unless they were dropped in a plea deal. Non-conviction expungements in summary court are free. Solicitor's offices keep donation funds that can cover up to 50% of the administrative fee on a first-come, first-served basis. The $250 fee can be waived only for identity-theft victims.
What happens after a record is expunged or sealed in South Carolina?
Expunged arrest and booking records, mug shots and fingerprints must be destroyed, though law enforcement, prosecutors and jails may keep some records under seal for limited purposes and periods. SLED keeps a non-public record of certain expungements only to make sure each one-time expungement is used once. Employers may not use expunged information against a worker (except criminal justice agencies), and an employer cannot be sued over a worker's expunged offense.
How do you get a pardon in South Carolina?
The Board of Paroles and Pardons, within the Department of Probation, Parole and Pardon Services (SCDPPPS), decides pardons. Two-thirds of the Board must sign a pardon order. Probationers and people who have finished their sentence can apply any time after discharge. Parolees can apply after five years of successful supervision, or after the full parole period if that is shorter. All restitution must be paid first. The application requires reference letters and a $100 non-refundable fee. It takes about 7 to 9 months to reach a hearing. A pardon restores civil rights lost through the conviction, such as the right to hold public office (with a limited exception) and to testify without the conviction being used to impeach the witness, except as the rules of evidence allow. It does not remove the conviction: the record shows that it was pardoned. A South Carolina pardon restores only South Carolina rights, so federal or other-state firearm bans still apply.
Can old marijuana convictions be cleared in South Carolina?
The laws reviewed have no marijuana-specific clearing program. Marijuana possession falls under the general drug provisions. A first-offense conviction for simple possession of a controlled substance can be expunged three years after the sentence is completed if the person has no other convictions, and charges dismissed through a conditional discharge can also be expunged. A person cannot use the first-offense provision for simple marijuana possession if they had a conditional discharge in the five years before the arrest.
How do I check my own criminal record in South Carolina?
The South Carolina Law Enforcement Division (SLED) provides South Carolina criminal record checks through SLED CATCH, a name-based search you can run online to view and print results ($25 non-refundable fee plus a $1 convenience fee; since July 1, 2026, online requests also carry a $1.43 service fee per $25 report). You can instead mail the Criminal Records Check Form with payment (business, certified or cashier's check or money order; no personal checks or cash) and a self-addressed stamped envelope to SLED Records Department, PO Box 21398, Columbia, SC 29221-1398. Results cover South Carolina only; SLED does fingerprint-based checks only when a statute requires it. Subjects have a right to correct erroneous criminal record information. Questions: SLED Public Dissemination Unit, 803-896-1443.
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