South Carolina: Adult Convictions (SC-C-3)

Records relating to a first domestic violence in the third degree offense, handled in magistrate's or general sessions court, may be expunged by the court five years after the conviction, if the person has no other conviction during that time. S.C. Code Ann. § 22-5-910(B).

Record Detail(s)

Misdemeanor

First offense

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This provision applies only to domestic violence in the third degree. S.C. Code Ann. § 22-5-910(B).

Procedure General

The petition form for expungement must be obtained from the appropriate judicial circuit solicitor's office and filed in the circuit court. For the specific procedure, see S.C. Code Ann. §§ 22-5-910, 17-22-930 et seq.

Fees

A $250 fee paid to the solicitor's office per case, plus a $25 application fee to SLED, and some courts charge a $35 filing fee in addition to the solicitor and SLED fee. S.C. Code Ann. § 17-22-940.

Effect

After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement. This nonpublic record is not subject to release under section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information. S.C. Code Ann. § 22-5-910(D).

Waiting Periods

The petition may be filed one year after date of conviction or upon graduation from the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program. S.C. Code Ann. § 17-22-910(A)(11).

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