The 7 ways a charge can be expunged:
1. There are no fees if the charge was dismissed, nol prossed, or the defendant was found not guilty.
2. It is a 1st fraudulent check charge with no other conviction within one year.
3. It is a 1st conviction in a magistrate or municipal court with no criminal conviction for 3 years.
4. You complete PTI.
5. It is a 1st conviction for Failure to Stop for a Blue light and no criminal conviction has occurred in 3 years.
6. You received a conditional discharge.
7. The conviction was a 1st offense as a Youthful Offender and no further criminalconvictions have occurred in the 5 yearsafter the date of your sentence wasCompleted.
** Some restrictions apply **
** DUI Convictions are never eligible to be
Expunged under any circumstances **
Common Myths about Expungements:
1. You have to be taken to jail to have a record.
2. You don’t have a record if you have never been to court.
3. If your charge has been dismissed, then you do not have a record.
4. The judge/lawyer told me I didn't have to worry about it.
5. It automatically comes off your record after 5 years.
The Truth is:
1. An arrest does not mean being taken to jail in handcuffs. If an officer takes your fingerprints you will have a record. An arrest also occurs when you are given a ticket.
2. You can be found guilty in your absence if you fail to appear for a court date. You can be found guilty, forfeit your bond and never go to court.
3. A record includes both arrests and court dispositions.
4. Court officials may be well meaning but often they are not fully informed about expungements. You are responsible for your record and for knowing what charges are on it. You can obtain a copy of your record from SLED by accessing the SLED website www.sled.sc.gov and the cost is $25.00
5. Nothing automatically comes off your record, no matter what.
How to get an Expungement:
Hire an attorney
Request an Expungement Order from the Solicitor’s Office.
You will need to:
1. Pay the Research and Preparation fee of $250.00 in the form of a money order made payable to the Sixth Circuit Solicitor’s office, a money order made payable to the Lancaster County Clerk of Court for $35.00 for their recording fee, and a money order made payable to SLED when applicable, for their processing fee.
2. Bring all money orders to the Sixth Circuit Solicitor’s Office.
IF YOUR CHARGE IS DEEMED INELIGIBLE, THE $250.00 ADMINISTRATIVE FEE IS NON-REFUNDABLE
Things to remember:
Ann Hardee for Chester and Fairfield Counties
P. O. Box 728
140 Main Street
Chester, South Carolina 29706
P. O. Box 1085
115 S. Congress Street
Winnsboro, South Carolina 29180
Julie S. Small for Lancaster County
P. O. Box 607
104 North Main Street
Lancaster, South Carolina 29721