How do you get a misdemeanor off your record in South Carolina?
Pursuant to the South Carolina Code of Laws, a criminal record may only be expunged through an application to the court, which must be signed by a judge. An individual should contact the solicitor's office in the area where the charge originated to seek assistance and obtain an application, which does require a fee.
What fees do I pay for an expungement? You must pay a $250.00 administrative fee to the Solicitor's office, a $25.00 fee to the South Carolina Law Enforcement Division (“SLED”), and $35.00 filing fee to the Clerk of Court.
Five (5) years must pass after the conviction (not the arrest), before you are eligible for any relief. In addition, there can be no other convictions during this five year period. If both of these requirements are met, then South Carolina law entitles you to have the CDV conviction removed.
You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
Misdemeanor Offenses: Convictions for misdemeanors that carry a maximum sentence of 30 days and/or $1000 fine may be eligible for an expungement. You must wait three years and have no other convictions in those three years before applying for the expungement/five years if the conviction is for Domestic Violence.
Typically, only minor offenses can be expunged. DUIs cannot be expunged. Crimes where you registered for the SC Sex Offenders Registry cannot be expunged. If you have other pending criminal charges that are less than five years old you cannot get an expungement.
- Traffic convictions CANNOT be expunged (with the exception of a 1st offense failure to stop for a blue light).
- Fish and wildlife convictions CANNOT be expunged.
- Convictions for felonies and heinous crimes are not automatically qualified for expungement.
How long does the expungement process take? The process may take up to six (6) months from the date the Expungement Office receives the completed Expungement Application.
How long is a misdemeanor on your record? A misdemeanor stays on your record for life unless you successfully petition for expungement. There is no preset “expiration date” for misdemeanor crimes. Even though misdemeanor offenses are less serious than felonies, they are still serious breaches in the eyes of the law.
The process may take up to six (6) months from the date the Expungement Office receives the completed Expungement Application. You will NOT receive a confirmation of receipt of your Expungement Application.
How long does a CDV stay on your record in South Carolina?
Can I Get a SC Domestic Violence Conviction Expunged? A conviction for domestic violence 3rd degree in SC can be expunged after five years, if there are no other convictions on your record.
Wiping a Dirty Slate Clean: Some Criminal Convictions Can Be Removed From Your Record. South Carolina law allows a little grace in the world for certain people who make a mistake. Even if you are convicted of certain crimes, you can have them removed from your record under the right conditions.
