Expungements and Pardons of Criminal Records

South Carolina Criminal Defense Attorney

If you have a prior conviction for a misdemeanor offense, you may be eligible to have your charges expunged. Also, if you were merely arrested and not convicted of an offense, you may be eligible to have these arrest records expunged. Don't assume that just because you were acquitted that the government cleared it from your record. 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 jobs 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 to have your rights restored.

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. If your charge has been dismissed you do not have a record.
4. The Judge/Lawyer told me I didn't have to worry about it.

It automatically comes off your record after 5 years.

Once the 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 start of expungement process until your record is clean.

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 arrests and court dispositions.
4. Judges and lawyers may be well meaning but often they are not fully informed about expungements. You are in charge of your record and must watch it, no matter what a Judge or Lawyer says.

The 5 Most Common Ways a Charge can be Expunged are:

Nothing automatically comes off your record, no matter what.

1. The charges were dismissed.
2. It is the first bad check charge and it has been more than 1 year.
3. It is your first time in trouble with any court, the court was a magistrate court and it has been at least 3 years.
4. You complete PTI.
5. Failure to Stop for a Blue Light or a Conditional Discharge

Pre Trial Intervention (PTI)

• Anyone successfully completing PTI can have his or her charge expunged.
• The same fees apply: $150 to the Solicitor's Office, $35 to the Clerk of Court and $25 to SLED.
• The expungement fees are in addition to the regular PTI fees.
• Your case manager will guide you through the process.

All fees must be paid in the form of a money order.

How to get an Expungement

1. You can go to a lawyer
2. You need a copy of your warrant number, arrest date and case disposition.
3. Some rap sheets have it all
4. Many need a disposition from the local Judge.
5. Bring these things to the expungement office at 1701 Main Street, Tuesday, Wednesday or Thursday, between 2:00 and 4:00 p.m.; Room 410.
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. 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.

Things to Remember

• Under most circumstances, you get one conviction expungement in your life. Occasionally, a bad check charge and one other conviction can be expunged.
• All circuit court charges stay on your record except those under the Youthful Offender Act (22-5-920) or Failure to Stop for a Blue Light.
• All expungements will cost $150, payable to the Solicitor's Office. All payment needs to be in a money order.
• There is an additional $35 fee to the Clerk of all expungements of convictions. There is no charge for non-convictions.
• SLED charges a $25 fee for processing the order, except for non-convictions.
• Often a completely clean arrest record can be achieved; however, many charges can never be expunged.