Expungements and Pardons of Criminal Records

Columbia, South Carolina Expungement Attorneys

Located on Beltline Boulevard in Columbia, South Carolina, our skilled criminal defense lawyers include a former United States Attorney, a former public defender, a former Assistant Attorney General and Richland County Assistant Solicitor, as well as a tax lawyer familiar with IRS criminal investigations. The criminal defense attorneys at Strom Law Firm, L.L.C. will aggressively seek an expungment on your behalf.

What is an Expungement?

Generally, when you are convicted of a crime, that record may follow you forever. South Carolina law allows for some convictions to be removed from your record through an expungement. An expungement is an order for the destruction of records relating to an arrest and/or conviction.

You should make sure that your criminal record is an accurate reflection of your criminal history. Otherwise, you run the risk of being turned down for a job simply because you were arrested or suspected of illegal activity.

If you are not eligible to have a particular conviction or arrest removed from your record, you may be entitled to a pardon. A pardon mitigates or sets aside punishment for a crime and restores the rights and privileges forfeited on account of the offense. Receiving a pardon can be an extensive procedure involving applications and hearings. Strom Law Firm, LLC has experienced attorneys familiar with the system who will fight on your behalf to have your rights restored.

Three Common Myths about Expungements

1. You have to be taken to jail to have a record.
2. You don't have a record if you have never been to court.
3. A conviction will automatically disappear from your record after 5 years.


The Truth is...

1. An arrest does not mean being dragged off in handcuffs. If an officer takes your fingerprints, you will have a record. An arrest also occurs when you are given a ticket.
2. Courts do find people guilty who have never appeared before a judge. You can be found guilty and forfeit your bond and never go to court.
3. A record includes both an arrest and the court disposition.
4. It is up to you to protect your record.

AS OF JUNE 2, 2009, the law regarding when you may seek an expungement has changed.

You are eligible for an expungement if:

1. You are charged with a criminal offense and the charge is dismissed, the proceeding against you is dismissed, or you are found not guilty.

2. You are referred to, and successfully complete, PTI.

3. If it is the first time that you have written a bad check and

    a. One year has passed since the date you were convicted,
    b. You have not had any criminal charges made against you in the year since your conviction, AND
    c. You have not had a charge expunged before.

4. Three years have passed since you were convicted of a charge carrying a penalty of not more than thirty days imprisonment or a fine of $500 or both and this was your first offense.

5. You are referred to, and successfully complete, an alcohol education program.

6. You were convicted and sentenced as a youthful offender in General Sessions and

    a. This was your first conviction,
    b. 5 years have passed since the date of your conviction,
    c. This was your first offense,
    d. It was not a motor vehicle offense,
    e. You were not charged with a violent crime,
    f. You were not charged with, or a crime related to, criminal domestic violence,
    g. You have not been convicted in the 15 years since your conviction,
    h. You have not had a prior expungement.

7. If it is the first time that you were charged with possession of marijuana or hashish and

    a. You were not over 25 when you were charged with possession,
    b. The charge did not involve a schedule I or II narcotic drug,
    c. The circuit court determined that you successfully complied with the terms of the conditional sentence and you meet the other qualifications for expungement.

8. If you failed to stop for a blue light and
    a. The charge was your first offense for failure to stop for a blue light,
    b. No one was hurt,
    c. Three years have passed since you completed all of the terms of your sentence, AND
    d. You have not any convictions in the three years since you completed your sentence.

9. If five years have passed since you completed a sentence (including probation or parole) imposed as a juvenile for a non-violent crime and
    a. You are now 18 years of age,
    b. You have never been charged with a previous crime that would have carried 5 or more years if you had been charged as an adult,
    c. You have successfully completed all of the terms of your imposed sentence, AND
    d. You have not been charged with any other crime since your conviction.

10. Or as otherwise provided for under the law.

How to get an Expungement

1. You can contact an experienced lawyer or attempt to seek an expungement on your own.
2. You need a copy of your warrant number, arrest date, and case disposition. (some rap sheets have it all).
3. You may need a disposition from the local Judge.
4. All expungements, unless otherwise provided above, will cost $250, payable to the Solicitor's Office in the county where you were charged and/or convicted.
5. Bring these items to the Expungement office in the Solicitor's Office in the county where you were charged and/or convicted.
6. The Solicitor's Office will fill out the orders/forms and guide you through the process.
7. You must file your order with the Clerk of Court.
8. There is an additional $35 fee to the Clerk of Court for all expungements of convictions. There is no charge for non-convictions.
9. You must send a legal copy of the expungement order to SLED for a clean record. SLED will also forward the information to the FBI.
10. SLED charges a $25 fee for processing the order, except for non-convictions.
11. Once State Law Enforcement Division (SLED) has received your order for expungement, it will take 2 to 3 weeks to remove your charge. It normally takes about 4 weeks from the start of the expungement process until your record is clean.

Will an expungement order ever be granted automatically?

If you are a defendant in summary court and you are found not guilty, the judge will automatically prepare an expungement order for you at no cost to you.

Will the administrative fees be waived under any circumstances?

If you are charged in General sessions court and your charge is dismissed, the prosecution decides not to try the case, nolle prossed, or you are found not guilty, the $250 expungement fee will not apply. However, if the charge is dismissed as a result of a plea agreement, the $250 Administrative fee will apply.

What do I do if I have questions about my record?
You may request a copy of your criminal record from SLED for a fee.