Having a criminal record can seriously damage your reputation. Even if you were not convicted or the charges against you were dropped, anyone running a background check is likely to see that you were arrested, as well as the original crime you were accused of committing. Having an arrest record can reflect poorly on your reputation, and make you a less likely candidate for jobs, apartments, and loans. If you have been arrested or charged with a crime , the ability to have your arrest erased from the public record via an expungement can enable you to make a fresh start with a clean slate.
Who Is Eligible For an Expungement?
Jump Ahead To
An expungement or Order for the Destruction of Arrest Records is a court order removing criminal charges from your record. If you have been arrested and charged with a crime, you may be eligible to have your arrest records destroyed if you meet certain criteria. Circumstances in which you may be eligible to get your arrest records expunged include:
- If your charges have been dropped, or the solicitor chooses not to prosecute (referred to as nol prossed );
- If you were found not guilty on your charges;
- If you have successfully completed a court ordered pretrial intervention program (PTI);
- If you have completed a court ordered alcohol education program (AEP) or traffic education program (TEP);
- First offense charges for fraudulent checks, simple marijuana possession, or certain other first offense crimes;
- First offenses convictions for youthful offenders; and
- Certain juvenile crimes.
Charges of driving under the influence (DUI) and other traffic offenses are not eligible for expungement, nor are subsequent offenses by a repeat offender.
Getting Your Arrest Records Destroyed
If you are seeking an expungement from charges that were originally filed in magistrates or municipal court, you will need to check with the clerk for the particular court you were charged in. All other expungement requests would be submitted to the solicitor’s office. The process for getting an expungement is as follows:
- Apply at the solicitor’s office for an Order for the Destruction of Arrest Records and pay the fees associated with the expungement. These fees may include a $250.00 administrative fee, a $25.00 South Carolina Law Enforcement Division (SLED) fee, and a $35.00 filing fee.
- The solicitor will forward your application to SLED to ensure your charges are eligible to be expunged.
- If it is determined you are eligible for expungement, the solicitor will then get the appropriate parties to sign off on the expungement. This may include the PTI or AEP Director, and the summary court or circuit court judge.
- Once the Order is signed, it will be filed with the court, and copies will be given to the applicant and their attorney.
Reach Out to an Attorney in Greenville
If you have been arrested or are facing criminal charges, contact an experienced South Carolina criminal defense attorney today. Greenville attorney Lauren M. Taylor can provide the aggressive legal representation you need, while defending your rights and protecting your good name. Contact our attorney to discuss your case. Our office serves all of Upstate South Carolina, so call us today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.