Clearing a DUI From Your Record 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.

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.