South Carolina: Adult Diversion/Deferral Program (SC-D-4)

Records relating to an arrest and charge can be destroyed by the court upon the successful completion of a pretrial intervention program. S.C. Code Ann. § 17-22-150.

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Delete

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

Upon the successful completion of the program, the petitioner receives a noncriminal disposition. Thereafter, a petition obtained from the appropriate judicial circuit solicitor's office can be filed in the circuit court. For the specific procedures, see S.C. Code Ann. §§ 17-22-150, 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. § 17-22-150. All reports must be retained on file in the solicitor's office for a period of two years after the successful completion of the program. After the retention of these reports for two years, they can be destroyed. S.C. Code Ann. § 17-22-130.

Waiting Periods

There is no statutory language regarding a waiting period.

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