SOUTH CAROLINA
How to Clear Your Criminal Record
in South Carolina
A free, plain English guide to expungement in South Carolina — diversion programs, automatic expungement for dismissed charges, conviction pathways, and how to apply through your solicitor's office.
What You Need to Know First
South Carolina expungement goes through your solicitor's office — not just the court. Unlike most states where you file directly with the court, South Carolina requires you to apply through the solicitor's office in the circuit where your case was heard. The solicitor reviews eligibility, collects fees, coordinates with SLED, and files the completed order with the clerk of court. You cannot bypass the solicitor.
Expungement truly erases the record in South Carolina. When expungement is granted, the arrest and booking record, bench warrants, mug shots, and fingerprints must be destroyed. No evidence of the charge may be retained by any municipal, county, or state agency. You are restored to the status you occupied before the arrest and can legally deny it ever happened.
One expungement per pathway. Most South Carolina expungement provisions allow each person only one expungement under that specific statute. Plan carefully — if you have multiple cases you want expunged, understand which pathway applies to each and whether you've already used it.
South Carolina has three main expungement pathways depending on how your case was resolved.
Dismissed / Non-Conviction
FREE — AUTOMATIC IN SUMMARY COURTS
Charges dismissed, nolle prossed, or resulting in not guilty in magistrate or municipal courts after June 2009 are automatically expunged at no cost. General Sessions charges require a petition through the solicitor — no fee unless dismissed as part of a plea deal.
Diversion Completion
PTI / AEP / TEP / DRUG COURT
Successful completion of Pretrial Intervention, Alcohol Education Program, Traffic Education Program, or Drug Treatment Court leads to charge dismissal and free expungement eligibility. Application is made through the solicitor's office after completing the program.
Conviction Expungement
$250 FEE — WAITING PERIOD
Certain low-level misdemeanor convictions and Youthful Offender Act convictions can be expunged after waiting periods of 3–5 years. First offense only in most cases. $250 non-refundable fee to the solicitor's office plus court filing fee.
What Can — and Can't — Be Expunged
ELIGIBLE FOR EXPUNGEMENT
- Dismissed / nolle prossed / not guilty — automatic in summary courts, free
- Pretrial Intervention (PTI) completion — free upon completion
- Alcohol Education Program (AEP) completion — free
- Traffic Education Program (TEP) completion — free
- Drug Treatment Court completion — free
- First offense simple marijuana possession (conditional discharge) — free after conditions met
- Misdemeanor conviction carrying max 30 days / $1,000 — after 3 years, no new convictions
- First offense domestic violence 3rd degree — after 5 years, no new convictions
- First offense failure to stop for blue light — after 3 years
- First offense misdemeanor fraudulent check — after 1 year
- Youthful Offender Act (YOA) first offense — after 5 years from sentence completion
- Human trafficking victims — offenses committed while being trafficked
NOT ELIGIBLE FOR EXPUNGEMENT
- Sex offenses requiring registration on the SC Sex Offender Registry
- DUI convictions
- Motor vehicle operation offenses generally
- Most felony convictions (except YOA pathway)
- Domestic violence — most offenses except 3rd degree first offense
- Prior expungement already used under same statute
- New conviction during waiting period
- Pending criminal charges (unless pending over 5 years)
Multiple convictions at one sentencing: Any number of eligible misdemeanor offenses count as a single offense for expungement purposes if they were sentenced at a single sentencing proceeding and arose from the same incident. This is a significant benefit for people with multiple charges from one event.
Waiting Periods
Waiting periods run from the date of conviction. You must have no other criminal convictions — including out-of-state convictions — during the waiting period, excluding minor traffic violations not involving DUI.
Dismissed / nolle prossed / not guilty (summary court)
Automatic
PTI / AEP / TEP / Drug Court completion
Upon completion
First offense fraudulent check
1 year
Misdemeanor conviction (30 day / $1,000 max)
3 years
First offense domestic violence 3rd degree
5 years
Youthful Offender Act — after sentence completion
5 years
Diversion Programs — South Carolina's Strongest Pathway
South Carolina's diversion programs are the most powerful expungement tool available. Successful completion results in dismissal of charges and free expungement — leaving no conviction on your record at all. If you are facing first-time nonviolent charges, ask your attorney about diversion program eligibility before accepting any plea.
South Carolina's four main diversion programs for adults:
PRETRIAL INTERVENTION (PTI)
- For first-time nonviolent offenders
- Complete community service, restitution, and program requirements
- Charges dismissed upon completion — free expungement
- Apply through your circuit solicitor's office
ALCOHOL / TRAFFIC EDUCATION PROGRAMS
- Alcohol Education Program (AEP) — first offense alcohol charges
- Traffic Education Program (TEP) — first offense traffic charges
- Charges dismissed upon completion — free expungement
- Contact your circuit solicitor's office to apply
Youthful Offender Act (YOA) — A Special Pathway
The Youthful Offender Act (YOA) is a special sentencing provision for people convicted between ages 17 and 25 of nonviolent crimes in General Sessions court. If you were sentenced under the YOA, you may be eligible for expungement after 5 years from completion of your sentence — including probation and parole — with no other convictions during that period. Check your sentencing sheet to confirm if you received a YOA sentence.
How to Apply — Step by Step
1
Check Your Record with SLED
Request your official South Carolina criminal history from the South Carolina Law Enforcement Division (SLED) at
sled.sc.gov. Review every charge, disposition, and date. You need accurate information about every case before contacting the solicitor's office.
2
Contact Your Circuit Solicitor's Office
Contact the solicitor's office in the judicial circuit where your case was heard. Find your circuit at
sccourts.org/solicitors. Each solicitor's office has its own procedures and forms. Many offices have a dedicated expungement coordinator. Tell them the case you want expunged and ask for their specific application process.
3
Complete the Application and Pay the Fee
Complete the expungement application form provided by the solicitor's office. Pay the $250 non-refundable administrative fee to the solicitor. Note: the fee is non-refundable even if your charge is later found ineligible — confirm eligibility before paying. There is no fee for dismissed charges (except those dismissed as part of a plea deal).
4
SLED Eligibility Verification
The solicitor's office coordinates with SLED to verify that your charge is statutorily eligible for expungement. SLED checks your full criminal history including out-of-state convictions. You cannot take possession of the application during this process — the solicitor manages it. This step typically takes several weeks.
5
Order Filed and Records Destroyed
Once approved, the solicitor files the completed expungement order with the clerk of court and distributes copies to all agencies holding your records — including SLED, the arresting agency, and the court. Records are destroyed within the required timeframe. You receive a copy of the completed order. Keep it — it is your proof of expungement.
Official Forms and Resources
Helpful Resources
FREE LEGAL HELP
SC Appleseed Legal Justice Center
Expungement reference guides, legal help, and advocacy for South Carolinians with criminal records
scjustice.org →
FREE LEGAL HELP
SC Legal Services
Free civil legal help for low-income South Carolinians — including expungement guidance statewide
sclegal.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
DIVERSION PROGRAMS
SC Solicitors Association
Information on Pretrial Intervention and diversion programs — contact your circuit solicitor directly
scsolicitors.org →
COURT RECORDS
SC Judicial Department
Access South Carolina court records and court information online
sccourts.org →
Frequently Asked Questions
My case was dismissed — do I need to do anything for it to be expunged? +
It depends on which court handled your case. For cases dismissed in magistrate or municipal court (summary courts) after June 2009, expungement is automatic and immediate — you don't need to do anything. For cases dismissed in General Sessions court, you need to apply through the solicitor's office — but there's no fee unless the dismissal was part of a plea deal. Either way, the record may still appear on private background check databases even after expungement since those companies source their own databases.
The $250 fee is non-refundable even if I'm ineligible? +
Yes — South Carolina law is explicit that the $250 administrative fee paid to the solicitor's office is non-refundable, even if your charge is later found ineligible for expungement or if the solicitor does not consent. This makes it critical to confirm your eligibility before paying. Contact the solicitor's office beforehand, review your record with SLED, and consider consulting an attorney before submitting your application and payment.
What is the Youthful Offender Act and how does it help? +
The Youthful Offender Act (YOA) is a special sentencing provision for people ages 17–25 convicted of a nonviolent crime in General Sessions court. If you were sentenced under the YOA, you may be eligible for expungement of that conviction after completing your sentence — including all probation and parole — and going 5 years without a new conviction. Check your sentencing documents or contact the solicitor to confirm you received a YOA sentence, since not all young offenders receive this designation.
What is Pretrial Intervention and am I eligible? +
Pretrial Intervention (PTI) is a diversion program for first-time nonviolent offenders. Instead of going to trial, you complete community service, pay restitution if applicable, and meet other program requirements. Upon successful completion, charges are dismissed and you are eligible for free expungement. PTI is administered by each circuit's solicitor office. Not all offenses qualify and participation requires solicitor approval — contact your solicitor's office to inquire about eligibility if you are currently facing charges.
Can I legally deny the charge after expungement? +
Yes — South Carolina's expungement statute explicitly restores you to the legal status you held before the arrest. You may legally deny the arrest or conviction in response to any inquiry for any purpose — including employment, housing, and financial applications — without being guilty of perjury or giving a false statement. This is one of the strongest expungement effects in the country.
Do I need an attorney? +
For dismissed charge expungements and completed diversion programs, many people handle the application through the solicitor's office without an attorney. The SC Appleseed reference guide is an excellent free resource. For conviction expungements — especially YOA cases or cases with complex histories — consulting an attorney before paying the non-refundable fee is strongly recommended. SC Legal Services offers free help for those who qualify.
After Your Record Is Expunged
After expungement in South Carolina, all arrest records, booking records, mug shots, and fingerprints are destroyed. You are legally restored to the status you had before the arrest and can deny the charge on any application.
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Employment
Expunged records are destroyed from state databases and will not appear on SLED background checks. You can legally deny the charge on most private employment applications. Law enforcement employers and positions requiring security clearance may still have access through retained records. South Carolina's ban-the-box law limits when state employers can ask about criminal history.
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Private Background Check Databases
South Carolina expungement destroys state records — but private background check companies that have already scraped or purchased that information are not automatically required to update their databases. Keep your expungement order and dispute any records that still appear. SC Appleseed has resources to help dispute lingering background check entries.
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Gun Rights
Expungement of a misdemeanor generally leaves gun rights intact. Expungement of a felony conviction (via YOA) does not automatically restore federal firearms rights — federal law applies independently. Consult a licensed South Carolina attorney before purchasing or possessing a firearm if you have any felony history.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your circuit solicitor's office or a licensed attorney in your state before filing.
