A criminal record in South Carolina can have lasting effects on your reputation, career, and personal rights. However, there are legal options to mitigate or eliminate this impact through criminal defense strategies, such as record sealing or expungement. Understanding how expungement works and whether you qualify is an essential step toward clearing your name and moving forward.
What Does “Expungement” Mean in South Carolina?
An expungement is the legal process of sealing or destroying a criminal record. When this process is complete, it is as if the criminal offense never occurred. The general public will not be able to see that you have a criminal record, including potential employers. After having your charges expunged, you can legally tell an employer (or anyone else) that you have never been convicted of any crime.
Is Expungement Automatic in South Carolina?
The South Carolina Judicial Branch states that a “non-conviction” in Magistrate or Municipal Court that occurred after 2009 should be automatically expunged by the court. However, this only applies if the defendant was not fingerprinted. A non-conviction might include a charge that was dismissed. However, charges dismissed under plea agreements may not be automatic or free of charge.
When Can I Expunge My Criminal Convictions?
The Fifth Judicial Circuit Solicitor’s Office notes that expungements may only occur under certain circumstances. Traffic convictions, fishing/hunting convictions, and felonies are not eligible for this process. Some misdemeanors may also be ineligible for expungement if the court considers them to be “heinous” crimes. Speak with a lawyer to determine whether your misdemeanor conviction is heinous.
All dismissed charges, acquittals, and other non-convictions are eligible for expungement. You might also expunge a conviction after completing Pretrial Intervention (PI), Alcohol Education (AEP), or Traffic Education (TEP) programs. A first-time offense for writing a fraudulent check qualifies for expungement. A first-time drug possession charge may also be eligible for this process.
Under most circumstances, first-offense misdemeanors with maximum penalties of 30 days in jail qualify for expungement. Additionally, convictions under the Youth Offender Act (YOA) and many other juvenile offenses are also eligible.
Can I Get a Pardon Instead?
A pardon is another potential option for post-conviction relief in South Carolina. However, this process does not actually seal the criminal record. Instead, it simply adds a note to the record, highlighting the fact that the Governor has pardoned the defendant. Employers will see the pardon when reviewing applications, and they may take this into account when considering you for a position.
Can a South Carolina Defense Attorney Help Me Seal My Records?
Our dedicated defense attorney can help you seal your criminal records. While this process isn’t possible in all cases, it can benefit your career, personal life, and overall reputation. Each case is different, and it makes sense to discuss your unique circumstances with a lawyer. Contact Beasley Tomlinson Law at 864-712-4282 or visit us online to learn more about our services.