South Carolina: Juvenile Court Records and Law Enforcement Records (SC-AR-1)

Records relating to a delinquency matter where the person was found not guilty will be expunged, so long as the person is not subject to a disqualifying event. S.C. Code Ann. § 63-19-2050(C)(3).

Record Detail(s)

Found not delinquent

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

A person is ineligible for expungement if the person has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult, did not successfully complete their initial sentence; has been subsequently adjudicated for or convicted of any criminal offense, or has any criminal charges pending in family court or general sessions court. S.C. Code Ann. § 63-19-2050(C)(3). An adjudication for a violent crime is not eligible for expungement. S.C. Code Ann. § 63-19-2050(C)(3).

Procedure General

The applicant apllies to the solicitor in the circuit in which the offense(s) was committed. S.C. Code Ann. § 17-22-940. For the specific procedure, see S.C. Code Ann. §§ 17-22-940, 63-19-2050(A), (B).

Fees

There are no fees. S.C. Code Ann. § 63-19-2050(C)(3).

Effect

The court can expunge all official records relating to the arrest, charges, adjudication, and disposition. S.C. Code Ann. § 63-19-2050(A). A juvenile convicted of an offense in family court who is required to register pursuant to the provisions of this article who has his record expunged, sealed, or receives a pardon must be removed from the registry by SLED. S.C. Code Ann. § 23-3-437. The effect of the expungement order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person as to whom the expungement order has been entered can be lawfully expected to disclose the expunged information for any purpose. S.C. Code Ann. § 63-19-2050(E). For further information on the effect of expungement, see S.C. Code Ann. § 63-19-2050(D).

Forms

For forms regarding expunging a record in South Carolina, visit here.

Waiting Periods

The petition can be filed at any time.

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