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Expungement in South Carolina: Who Qualifies, What It Costs and How Long It Takes

A charge that was dismissed, a first offense from years ago, a mistake at nineteen. South Carolina lets many of them be erased. Here is who qualifies.

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The short answer

Dismissed and not-guilty charges can be expunged at no cost as soon as the case is closed. Many first-offense convictions can be expunged after a waiting period: three years for a misdemeanor with a maximum penalty of 30 days or $1,000, five years for first-offense third-degree domestic violence, three years after completing the sentence for a first-offense simple possession conviction, and five years after completing a Youthful Offender Act sentence, provided there have been no other convictions. Conviction expungements cost $250 to the solicitor, $35 to the clerk of court and $25 to SLED. DUI, driving under suspension and other motor-vehicle offenses can never be expunged.

What can be expunged in South Carolina

SituationEligibilityWaiting period
Charge dismissed, nol prossed or not guilty (§ 17-1-40)Eligible; no feeNone; apply once the case is closed
Pretrial intervention completed (§ 17-22-150)EligibleOn completion
Conditional discharge for first-offense simple possession (§ 44-53-450)EligibleOn completion
First-offense misdemeanor with a maximum penalty of 30 days or $1,000 (§ 22-5-910)Eligible if no other convictions in the waiting period, in or out of state3 years
First-offense third-degree domestic violence (§ 22-5-910)Eligible if no other convictions5 years
First-offense simple possession or possession with intent to distribute (§ 22-5-930)Eligible if no other convictions3 years after completing the sentence, including probation
Youthful Offender Act sentence (§ 22-5-920)Eligible for most nonviolent offenses; one per lifetime5 years after completing the sentence, no other convictions
First-offense fraudulent check (§ 34-11-90)Eligible1 year
DUI, DUAC, driving under suspension, other motor-vehicle offenses, violent crimes, offenses requiring sex-offender registrationNot eligibleNever

The 2018 reforms (Act 254 of 2018; S.C. Code § 17-22-910 et seq.) expanded eligibility: multiple charges resolved at the same sentencing hearing are treated as one conviction when they are closely connected, first-offense drug possession became expungeable, and the Youthful Offender Act rules were broadened and made retroactive. Eligibility is judged on the offense you were actually convicted of, not the one you were charged with, which is why a plea to a lesser charge years ago can matter now.

What it costs

For a conviction expungement the statute sets three fees: $250 to the solicitor's office, which is nonrefundable even if the application is denied, $35 to the clerk of court and $25 to SLED. Expungement of a dismissed or not-guilty charge is free. Attorney's fees are a flat amount we quote up front, and we tell you before you pay anything whether you qualify.

The process

  1. Pull the record. We obtain your SLED criminal history and the court dispositions to confirm what is on the record and which entries qualify. People are often surprised by what is there, including arrests they thought were dismissed.
  2. Apply to the right solicitor. Expungements are administered by the solicitor of the circuit where the charge was heard. Dorchester County is in the First Judicial Circuit, with the solicitor's office in St. George; Berkeley and Charleston counties are in the Ninth Judicial Circuit, with the office in North Charleston. A Summerville arrest can fall in either, depending on which county the stop was in.
  3. Review and verification. The solicitor confirms eligibility, SLED verifies the record, and a circuit judge signs the order. For non-conviction expungements the clerk of court or summary court handles the order.
  4. Destruction. The order directs the court, the arresting agency and SLED to destroy their records. Background checks run afterward come back clean for that charge, and you may lawfully say you were not arrested or convicted, with narrow exceptions for certain law-enforcement and licensing applications.

Most applications take two to five months from filing to order, longer when the record has to be corrected first. The process is paper-driven and unforgiving: an incomplete application goes to the bottom of the pile.

Why it matters

Employers, landlords, licensing boards, schools and the military all run background checks. A dismissed charge from years ago still shows as an arrest until it is expunged, and a first-offense conviction that could have been cleared years ago keeps costing opportunities. The application is a small effort for a permanent result. If you are facing a new charge, the same analysis runs in reverse: we negotiate toward resolutions that preserve expungement eligibility, because a plea taken without that in mind can close the door for good.

Want to know if you qualify?

Tell us the charge, the county and the year. We will check the statute and tell you honestly.

Schedule a consultation(843) 419-6653

Questions people ask

How much does an expungement cost in South Carolina?

Expungement of a dismissed charge is free. For a conviction, the fees are $250 to the solicitor, $35 to the clerk of court and $25 to SLED, plus a flat attorney's fee we quote up front.

How long after a conviction can I get an expungement in SC?

Three years for most first-offense low-level misdemeanors, five years for first-offense third-degree domestic violence and Youthful Offender Act sentences, and three years after completing the sentence for first-offense drug possession, with no other convictions in that period.

Can a DUI be expunged in South Carolina?

No. DUI, DUAC, driving under suspension and other offenses involving the operation of a motor vehicle are excluded from expungement.

Do I have to go to court for an expungement?

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.

Which solicitor handles expungements for Summerville?

Dorchester County arrests go through the First Circuit Solicitor in St. George; Berkeley and Charleston County arrests go through the Ninth Circuit Solicitor in North Charleston.

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