South Carolina: Adult Diversion/Deferral Program (SC-D-3)

Records relating to a first controlled substance charge can be expunged by the court upon dismissal following the successful completion of probation pursuant to a conditional discharge. S.C. Code Ann. § 44-53-450.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

Procedure General

The petition must be obtained from the appropriate judicial circuit solicitor's office and filed in the circuit court. For the specific procedures, see S.C. Code Ann. §§ 44-53-450, 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

The person is restored to prearrest status and need not disclose the arrest in response to any inquiry. S.C. Code Ann. § 44-53-450(B). 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 can be filed upon dismissal and discharge.

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