South Carolina expungement lets you seal certain arrests and convictions so they no longer appear on public background checks. You apply through the solicitor’s office in the judicial circuit where the arrest happened, and whether you qualify depends on the offense, whether it was a first conviction, and how much time has passed. Applying under the wrong statute or before your waiting period ends costs you a nonrefundable fee, so the details matter.
Who Qualifies
Section 17-22-910 lists more than a dozen pathways to expungement. The main ones:
- First offense in magistrate or general sessions court carrying no more than 30 days in jail or a $1,000 fine, after a three-year clean record
- Youthful Offender Act convictions for non-violent offenses, five years after sentence completion
- First offense simple drug possession, three years after sentence completion; first offense possession with intent to distribute, 20 years after sentence completion
- First offense domestic violence in the third degree, five years after conviction
- Charges dismissed after completing Pre-Trial Intervention, the Alcohol Education Program, or the Traffic Education Program
- Charges that were dismissed, dropped, or ended in acquittal
- Successful completion of a conditional discharge under Section 44-53-450
- First offense failure to stop for a law enforcement vehicle, three years after sentence completion
Eligibility turns on the offense you actually pleaded to or were convicted of, not the original charge police or prosecutors filed. If a felony was reduced to a misdemeanor through a plea, the misdemeanor controls.
Offenses That Cannot Be Expunged
Some records are permanently off the table in South Carolina, no matter how long ago the case closed or how clean your record has been since:
- Any conviction involving the operation of a motor vehicle, including DUI, under Section 22-5-910 or Section 22-5-920
- Violent crimes under Section 16-1-60, including murder, armed robbery, kidnapping, and assault and battery of a high and aggravated nature
- Domestic violence offenses under Chapter 25 of Title 16, with the narrow exception of third-degree domestic violence after five years
- Any offense that triggers registration under the South Carolina Sex Offender Registry Act
Pending criminal charges of any kind also block an expungement, unless those charges have been unresolved for more than five years. That five-year clock pauses during any period a bench warrant was outstanding for failure to appear.
Waiting Periods, and When the Clock Starts
Every conviction-based expungement requires a waiting period with no new convictions, including out-of-state convictions. Where the clock starts depends on the offense.
Magistrate and General Sessions First Offenses
For offenses carrying a maximum of 30 days or a $1,000 fine, the three years run from the conviction date. No other convictions can land during those three years. Multiple charges from the same incident sentenced at a single hearing can count as one conviction for this purpose.
Youthful Offender Act Convictions
The five-year wait runs from completion of every part of the sentence, including probation and parole. The YOA covers people who were at least 17 but younger than 25 at the time of conviction for a non-violent offense that is either a misdemeanor or a felony carrying a maximum of 15 years or less. You must stay conviction-free for the entire five years after your sentence ends. A conviction for driving under suspension, or for disturbing schools as that offense was defined before May 2018, does not disqualify you.
First Offense Drug Convictions
Simple possession of a controlled substance or unlawful possession of a prescription drug carries a three-year wait measured from sentence completion, not the conviction date. If you were sentenced to probation, the clock doesn’t start until probation ends. Possession with intent to distribute carries a 20-year wait from sentence completion, with no drug or felony convictions during that whole period. Both pathways are first-offense only and can be used once.
Third-Degree Domestic Violence
A first conviction qualifies five years after the conviction date, with no other convictions in that window. It is the only domestic violence charge eligible for expungement in South Carolina.
Dismissals, Acquittals, and Charges That Were Dropped
If your case went to summary court and you were found not guilty, or the charges were dismissed or dropped, the process is faster, simpler, and free. If you were fingerprinted at arrest, the summary court must issue the expungement order automatically at no cost. If you weren’t fingerprinted, you can apply to the summary court for the same order, also at no cost. Criminal charges must come off all internet-based public records within 30 days of the disposition date, whether or not you formally apply.
Two situations fall outside this automatic process: dismissals at a preliminary hearing, and cases where you have related charges still pending in both summary court and general sessions court arising from the same events.
For non-conviction records in higher courts, Section 17-1-40 governs the cleanup. Arrest records, booking records, mug shots, fingerprints, and associated bench warrants are destroyed. Law enforcement and prosecution agencies keep sealed copies for three years and 120 days, and may retain them longer for ongoing investigations or litigation defense, but those sealed records are not public and cannot be released except by court order.
How to Apply
Every expungement application goes through the solicitor’s office in the judicial circuit where the arrest happened. The sequence:
Get a certified SLED criminal records check. The South Carolina Law Enforcement Division runs the CATCH system for this. Requests go to the SLED Records Department in Columbia with the proper form, payment, and a self-addressed stamped envelope. Ask specifically for a certified result, because the expungement process requires an official state record of arrests and outcomes.
Get the application form from the solicitor’s office. You’ll need the exact date of arrest, the specific statute number of the charge, and the disposition of the case. All of this should appear on the SLED report or the final court order. Getting these details wrong is one of the most common reasons applications stall.
Submit the application and fees. The solicitor’s office reviews your criminal history to confirm you meet the statutory requirements. If everything checks out, the solicitor forwards the paperwork to a circuit court judge for signature. The signed order is what actually triggers record removal. Copies go to SLED and other relevant agencies, and each one handles the destruction or sealing of its own records.
What It Costs
Conviction-based expungements combine three fees. The solicitor’s office charges a $250 administrative fee per expungement order, and it’s nonrefundable even if the offense turns out to be ineligible. SLED charges a $25 verification fee. The clerk of court charges a $35 filing fee. When multiple charges from a single incident are included on one application, only one set of fees applies.
Some categories cost less. Non-conviction expungements under Section 17-1-40 carry no clerk of court filing fee. Expungements after completing PTI, AEP, TEP, or conditional discharge carry no SLED verification fee, which makes them significantly cheaper. For diversion-program expungements, the program director attests to your eligibility on the application before the solicitor and judge sign off.
What Expungement Actually Does
Expungement in South Carolina seals records rather than destroying every copy. Public-facing records come down, so the arrest and conviction will not show up on standard background checks. Law enforcement and prosecution agencies keep sealed copies for a limited period, and in some cases indefinitely for investigation purposes. An agency or employee that intentionally discloses sealed records can be held in contempt of court.
For some categories, the law lets you deny the arrest ever happened. After completing PTI, you are restored “to the status he occupied before the arrest” and cannot be charged with perjury for failing to disclose the arrest in response to any inquiry. The same protection applies to first-offense drug convictions expunged under conditional discharge and to juvenile expungements. In practice, that means you can legally answer “no” on a job application asking about arrests, at least for these categories.
Section 17-22-960 gives employers immunity from negligent hiring or retention claims tied to a worker’s expunged offense. Information about an expunged record cannot be used against an employer in any administrative or legal proceeding.
SLED keeps a nonpublic record of every expungement to enforce the once-per-lifetime limit. This record is not available through public records requests or the Freedom of Information Act.
If Your Conviction Can’t Be Expunged: Pardons
When a conviction doesn’t qualify for expungement, the other path is a pardon from the South Carolina Board of Paroles and Pardons. A pardon does not erase the conviction. It is an official act of forgiveness that restores most civil rights and can matter for employment and licensing.
When you can apply depends on how your sentence ended. People discharged from probation can apply right away. People on parole can apply after five years of successful supervision or upon discharge from parole, whichever comes first. Anyone discharged from a sentence without supervision can apply any time after discharge. In every case, restitution must be paid in full first. Inmates may apply before parole eligibility only on proof of extraordinary circumstances, and inmates with a terminal illness and a life expectancy of one year or less may apply at any time.
The application has three parts: the form, three written letters of support, and a $100 nonrefundable fee by money order or cashier’s check to the Department of Probation, Parole and Pardon Services. From submission to hearing runs roughly seven to nine months. An order of pardon requires signatures from at least two-thirds of the Board. A denial means a one-year wait before reapplying, and there is no appeals process.
Two limits worth knowing. A pardon does not restore firearm rights for people convicted of violent offenses: Section 16-23-30 bars people convicted of violent crimes from purchasing or possessing a pistol, and the Attorney General has opined that this prohibition has no exception for pardoned individuals. And voting rights are already restored automatically once you complete your full sentence, including probation and parole, so a pardon’s value for voting mostly matters to people still serving part of a sentence.