Expunging or Sealing a Felony 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.

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.

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.