Dismissed and not-guilty charges can be expunged at no cost. Many first-offense convictions can be expunged after a waiting period—three years for most low-level misdemeanors, five years for first-offense third-degree domestic violence and Youthful Offender Act sentences, and three years for first-offense simple drug possession handled through conditional discharge—if there have been no other convictions. Some offenses, including DUI and traffic offenses, cannot be expunged.
What can be expunged in South Carolina
| Situation | Eligibility | Waiting period |
|---|---|---|
| Charge dismissed, nol prossed or not guilty | Eligible; no fee | None—apply once the case is closed |
| First-offense misdemeanor with a maximum penalty of 30 days or $1,000 (S.C. Code § 22-5-910) | Eligible if no other convictions | 3 years |
| First-offense third-degree domestic violence | Eligible if no other convictions | 5 years |
| First-offense simple possession or possession of paraphernalia via conditional discharge (§ 44-53-450) | Eligible | 3 years after completion |
| Youthful Offender Act sentence (§ 22-5-920) | Eligible for many nonviolent offenses | 5 years after completion, no other convictions |
| Pretrial intervention completed | Eligible | On completion |
| DUI, DUAC, traffic offenses, violent crimes, most felonies | Not eligible | — |
The 2018 expungement reforms (Act 254 of 2018; S.C. Code § 17-22-910 et seq.) expanded eligibility, including allowing multiple charges resolved on the same sentencing sheet to be treated as one, and made first-offense drug possession expungeable. Eligibility rules are detailed and change; we check the current statute for every applicant.
The process
- Pull the record. We obtain your SLED record and the court dispositions to confirm what is on it and what qualifies.
- Application. Filed with the solicitor's office of the circuit where the charge was heard (Dorchester and Berkeley are the First Circuit; Charleston is the Ninth). Fees for conviction expungements are set by statute; dismissed charges are free.
- Review and order. The solicitor verifies eligibility, SLED verifies the record, and a circuit judge signs the order.
- Destruction. The order directs the court, the arresting agency and SLED to destroy the records. Background checks run afterward come back clean for that charge.
Most applications take a few months from filing to order. The process is paper-driven and unforgiving of mistakes; an incomplete application goes to the bottom of the pile.
Why it matters
Employers, landlords, licensing boards and schools all run background checks. A dismissed charge from years ago still shows as an arrest until it is expunged. The application is a small effort for a permanent result.
Want to know if you qualify?
Tell us the charge, the county and the year. We will check the statute and tell you honestly.
Questions people ask
How much does an expungement cost in South Carolina?
Expungement of a dismissed charge is free. For conviction expungements the solicitor's office, SLED and the clerk each charge a statutory fee, and attorney's fees are a flat amount we quote up front.
Do I have to go to court?
Usually not. The application is processed on paper and signed by a judge.
Will an expunged charge show on a background check?
No. The records are destroyed and you may lawfully answer that you were not arrested or convicted, with narrow exceptions for certain law-enforcement and licensing applications.
Related pages
Drug charges
Possession, PWID and trafficking, from a former narcotics detective.
Learn moreDomestic violence (CDV)
Degrees, bond conditions, firearm consequences and defense of CDV charges.
Learn moreTraffic tickets
Points, suspensions, CDL holders and why not to just pay it.
Learn more