South Carolina Expungement & Record Sealing Guide

Who Qualifies for Expungement in South Carolina?

South Carolina's expungement law is relatively narrow. Eligibility is primarily limited to first-time offenders and non-conviction records.

Who Qualifies

• Dismissed charges / acquittals: Automatic expungement in many cases
• Pre-trial intervention (PTI) completion: Eligible upon completion
• First offense misdemeanors (magistrate and municipal court): 3 years after conviction with no new offenses
• First offense simple possession of marijuana: 3 years
• Youthful offender eligible crimes: Eligible under Youthful Offender Act provisions
• First offense non-violent felony under the Youthful Offender Act: Eligible after sentence completion

Not Eligible

• Second or subsequent offenses of any kind
• Crimes of violence (murder, assault and battery with intent to kill, etc.)
• Sex offenses
• DUI convictions (generally)
• Any offense where a sentence of more than 5 years was imposed (except Youthful Offender cases)

Step-by-Step: How to Clear Your Record in South Carolina

1. Obtain your record — From SLED (State Law Enforcement Division). Fee: ~$25.
2. File application — With the Solicitor's office in the circuit where the case was heard. The Solicitor's office processes the application and issues expungement orders. Fee varies by county ($35–$150).
3. SLED processes the order — SLED clears the record from state databases and notifies relevant agencies.

South Carolina's process is handled largely through the Solicitor's office rather than by court petition — making it somewhat simpler administratively than other states.

Waiting Periods

• Dismissed / acquitted / PTI completion: Eligible upon case close
• First offense misdemeanor conviction: 3 years
• Youthful Offender Act: After sentence completion

Costs

• Application fee: $35–$150 (varies by circuit)
• SLED record request: ~$25
• Attorney fees: $500–$1,500

SC Legal Services offers free assistance at sclegal.org.

What Record Clearing Does (and Doesn't) Do in South Carolina

After a successful expungement or sealing in South Carolina, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in South Carolina for advice specific to your situation.