South Carolina: Adult Convictions (SC-C-6)

Records relating to a first offense of minor drug possession can be expunged by the court three years after sentence completion if the person has no other conviction during the three years. S.C. Code Ann. § 22-5-930.

Record Detail(s)

Drug offenses

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Applies only to a first offense conviction for either simple possession of a controlled substance under Article 3, Chapter 53, Title 44 or unlawful possession of a prescription drug under Section 40-43-86(EE). S.C. Code Ann. § 22-5-930(A).

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 specific procedures, see S.C. Code Ann. §§ 22-5-920, 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. § 22-5-920 (C).

Waiting Periods

The petition may be filed three years after sentence completion. S.C. Code Ann. § 22-5-930.

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