Many people believe that when they are charged with a crime, it will haunt them forever. It is undoubtedly true that most cannot be removed from someone’s record. However, as a well-versed criminal defense attorney could explain in more detail, select charges can be expunged or permanently erased under specific circumstances in South Carolina.
Clearing your record can be a critical step toward reclaiming your future. A criminal record can impact your employment opportunities, housing prospects, and overall quality of life. You need a Pickens County expungement lawyer like Christopher L. Jones, who is skilled in handling the nuances of these cases to support you every step of the way.
About Expungement in South Carolina
Criminal convictions can be expunged under South Carolina Code 17-22-910. Eligibility typically depends on the type of offense, the outcome of the case, and the amount of time that has passed since the conviction or completion of the sentence. Offenses that are covered by the statute include:
Non-Convictions
This category includes dismissed charges or areas where the defendant was not found guilty.
First-Offense Convictions
Certain first-offense convictions, such as misdemeanors and minor drug offenses, can be expunged if the individual does not have others within a specified period.
Youthful Offenders
Offenses committed by people aged 17 to 25 can sometimes be expunged after they successfully complete a pretrial intervention program.
Conditional Discharge
Some drug-related offenses that resulted in a conditional discharge can be expunged after the conditions imposed are successfully completed.
Dismissals and Not Guilty Verdicts
It is also possible to remove non-convictions from criminal records. Any felony conviction or a misdemeanor where someone was sentenced to a fine above $500 or was convicted of a crime with a potential sentence of more than 30 days in jail will not be covered by the statute and will always remain on a person’s criminal record. If you are unsure whether the expungement statute covers you, you should consult a Pickens County attorney immediately.
What Is the Process?
You must apply in the same county as the charge to clear your record. The rules vary based on the judicial circuit. As a diligent attorney could explain in more detail, in Pickens County, you must meet one or more of the eligibility requirements for expungement:
- You do not have any previous expungements
- The solicitor dismissed the charges because you completed a Pre-Trial Intervention program
- You were convicted of a first offense in a Magistrates’ or Municipal Court and had no other criminal activity within three years post-conviction
- The charges were dismissed or “not processed,” or you were found “not guilty”
- You were convicted of a Fraudulent Check Law violation and had no criminal activity for three years following post-conviction
- You were convicted of a first offense, simple possession of marijuana, received a conditional discharge, and successfully fulfilled that sentence
The process can take up to six months from when the Expungement Office receives your finalized Expungement Application. You will not have to appear in court or argue for the expungement as it is a matter of following procedure. It is free for the Solicitor’s Office to determine if your charge can be cleared, but there is a $150.00 processing fee at the time of application. A Circuit Court Judge can grant the application after review and qualification.
What To Expect After Approval
Once the application has been processed, the Clerk of Court will issue the expungement order. You should distribute certified copies of the order to the appropriate agencies and departments in which the charge was recorded: the Sheriff’s Office, SC Department of Public Safety, Office of the Solicitor, the Circuit or Magistrates’ Courts, or SLED.
As of June 2009, courts automatically purge any record of a non-conviction. However, for older charges, people must petition the court directly. The process is outlined in South Carolina Code 17-22-950. Due to the many steps and possibilities, you should allow a Pickens County attorney to guide you through the expungement process.
Reach Out to a Pickens County Attorney Today About Your Expungement Options
When you have made mistakes that are holding you back, reaching out to a Pickens County expungement lawyer for help understanding your available legal options is essential. Christopher L. Jones, a former prosecutor and municipal judge, could review your case and discuss next steps with you.
Call the firm today to discuss your case during a consultation meeting.
