When a charge shows as “disposed” on a criminal record in South Carolina, it means the case has reached a formal resolution and is no longer open or pending. Disposed is a status label, not an outcome. The outcome itself can be a conviction, a dismissal, a nolle prosequi, or a not-guilty verdict, and which one you have determines whether the charge counts against you, whether it keeps appearing on background checks, and whether you can have it removed.
That distinction matters because South Carolina does not erase disposed charges automatically. A dismissal, a nolle prosequi, even an acquittal all stay in the criminal history database maintained by the South Carolina Law Enforcement Division (SLED) until you take action. Employers, landlords, and licensing boards running background checks can see them.
The Main Types of Dispositions
Every resolved criminal charge gets one of a few standard dispositions. Each one carries different consequences.
Guilty or No Contest Plea
A guilty plea admits the offense. A no contest plea (nolo contendere) accepts punishment without the admission. South Carolina treats both as convictions for sentencing, and both carry the same penalties: jail time, fines, probation, or a combination. The narrow practical difference is that a no contest plea generally cannot be used against you in a later civil lawsuit arising from the same incident.
Both pleas trigger consequences beyond the sentence. A person convicted of an offense punishable by more than one year in prison generally cannot possess a firearm, and the statutory definition of “conviction” explicitly includes nolo contendere pleas.1South Carolina Legislature. South Carolina Code Title 16 Chapter 23 – Offenses Involving Weapons The firearm restriction does not apply to misdemeanors carrying five years or less, and it lifts if the conviction is later expunged.2South Carolina Legislature. South Carolina Code 16-23-500 – Unlawful Possession of a Firearm by a Person Convicted of Violent Offense
Dismissed
A dismissal means the case closed without a conviction. The reasons vary: the evidence was too thin, the state missed a procedural deadline, the complaining witness stopped cooperating, or you completed a diversion program like Pre-Trial Intervention (PTI), the Alcohol Education Program (AEP), or the Traffic Education Program (TEP). A dismissed charge still appears on your SLED record until you have it expunged, but it is eligible for expungement.3South Carolina Legislature. South Carolina Code 17-22-910 – Applications for Expungement of All Criminal Records
Nolle Prosequi
A nolle prosequi, often shortened to “nolle pros,” is the solicitor’s formal decision to stop prosecuting a charge. It differs from a dismissal in who initiates it: a judge orders a dismissal, but the solicitor’s office initiates a nolle pros. The charge is not tried, and there is no conviction. It is not an acquittal either, which means the prosecution could theoretically refile the charge later, though in practice that rarely happens unless new evidence surfaces. Nolle prossed charges remain on your record and are eligible for expungement.4South Carolina Legislature. South Carolina Code 17-1-40 – Expungement of Criminal Records
Not Guilty (Acquittal)
If a judge or jury finds you not guilty at trial, that is an acquittal, and double jeopardy prevents the state from retrying you. Even so, the arrest and charge still appear in your SLED history. Acquittals are eligible for expungement under the same provisions as dismissals and nolle prossed charges.4South Carolina Legislature. South Carolina Code 17-1-40 – Expungement of Criminal Records
Why a Favorable Disposition Still Shows Up
South Carolina does not automatically erase charges that ended favorably. Every charge filed, regardless of outcome, stays documented in SLED’s criminal history repository. You can pull your own record through SLED’s CATCH (Citizens Access to Criminal Histories) system for $25 online, and what you see is essentially what an employer or landlord running a background check would find.5South Carolina Law Enforcement Division. SLED CATCH – Citizens Access to Criminal Histories
Private background check companies often make the problem worse. They pull data from court records and may report the charge without clear context about its disposition. A hiring manager scanning a report may see a serious-sounding charge without realizing it was dismissed two weeks after filing. That is the gap between legal reality and practical consequence, and it is why the specific disposition on your record matters so much.
What Federal Law Limits
Two federal protections set some limits on how disposed charges can be used against you.
The Fair Credit Reporting Act
Under the FCRA, consumer reporting agencies generally cannot report arrest records more than seven years old if they did not lead to a conviction. The seven-year clock starts on the date of arrest. This limit does not apply to positions with an annual salary of $75,000 or more; for those jobs, non-conviction arrest records can be reported indefinitely.6Office of the Law Revision Counsel. United States Code Title 15 Section 1681c – Requirements Relating to Information Contained in Consumer Reports Pending charges (cases not yet disposed) can also be reported regardless of age.
EEOC Guidance on Arrest Records
The U.S. Equal Employment Opportunity Commission has issued guidance stating that an arrest record alone does not establish criminal conduct, and automatically excluding someone based on an arrest, without considering the circumstances, may violate Title VII of the Civil Rights Act if the policy disproportionately affects a protected group. An employer can consider the underlying conduct when it is relevant to the job, but a blanket policy of rejecting anyone with a disposed charge is on shaky legal ground.7U.S. Equal Employment Opportunity Commission. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII
Getting a Disposed Charge Off Your Record
Expungement destroys the official records of an arrest, charge, and disposition so they no longer appear in SLED’s database or court records. The law restores you, at least on paper, to the status you held before the arrest.
Charges that ended in a dismissal, nolle prosequi, or not-guilty verdict are broadly eligible. In magistrate and municipal courts, the process is partially automatic: the court initiates the expungement paperwork after a favorable disposition, the prosecution has 30 days to object, and if no objection is filed the judge signs the order. Criminal charges must also be removed from any internet-based public court record within 30 days of the disposition date, even before the formal expungement order is signed.8South Carolina Judicial Branch. Expungement Application Process – For Magistrate and Municipal Courts
For General Sessions court (more serious charges), the process is not automatic. You apply through the solicitor’s office in the circuit where the charge was filed. The administrative fee is waived for General Sessions charges that were dismissed, nolle prossed, or resulted in a not-guilty verdict, unless the dismissal was part of a plea deal on a different charge.9South Carolina Legislature. South Carolina Code 17-22-940 – Fees, Establishment of Expungement Process
Diversion program completions follow their own path. After successful completion of PTI, the solicitor arranges a noncriminal disposition and you can apply to have the arrest records destroyed. Once expungement is granted, you are not required to disclose the arrest for any purpose and cannot be penalized for failing to mention it.10South Carolina Legislature. South Carolina Code 17-22-150 – Disposition of Charges After Successful Completion of Intervention Program The same principle applies to charges dismissed after completing AEP or TEP.3South Carolina Legislature. South Carolina Code 17-22-910 – Applications for Expungement of All Criminal Records
Some convictions can also be expunged. A first-offense misdemeanor is eligible if the maximum penalty does not exceed 30 days in jail or a $1,000 fine, and you have had no additional convictions within three years of the conviction date.11Fourteenth Circuit Solicitor’s Office. Expungements A first-offense criminal domestic violence conviction in the third degree has a five-year waiting period instead of three.12South Carolina Judicial Department. FAQ About Expungements and Pardons First-offense simple possession of a controlled substance can be dismissed through a conditional discharge and then expunged, an opportunity available only once.13South Carolina Legislature. South Carolina Code of Laws Title 44 – Section 44-53-450
Violent offenses listed in state statute cannot be expunged, no matter how long ago the conviction occurred.14South Carolina Legislature. South Carolina Code of Laws Title 16 – Section 16-1-60 Traffic violations are also excluded from the general first-offense misdemeanor expungement provision.
Checking and Correcting What Your Record Shows
Before worrying about what employers or landlords might see, pull your own record. SLED’s CATCH system lets you order a copy online or by mail for $25.5South Carolina Law Enforcement Division. SLED CATCH – Citizens Access to Criminal Histories If something is wrong, such as a wrong charge listed, an outdated disposition, or an expunged record that still appears, you can submit a formal challenge to SLED with supporting documentation like court orders or disposition records.
If the error originated in the court system, you may need to file a motion with the court that handled your case to amend the record. For expunged charges that keep appearing on private background check databases, the usual cause is that the third-party company scraped the data before the expungement went through and never updated. You can dispute the record directly with the background check company under the FCRA, which requires them to investigate and correct inaccurate information.6Office of the Law Revision Counsel. United States Code Title 15 Section 1681c – Requirements Relating to Information Contained in Consumer Reports Keeping a copy of your expungement order on hand makes that dispute much easier.
A certificate of disposition from the court that handled your case helps when dealing with employers or licensing boards. It confirms officially how the case was resolved and clears up ambiguity when a background report lists a charge without adequate context.