How to 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.

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.

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.

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.