South Carolina: Adult Non-Conviction Arrests (SC-NC-1)

Records relating to a criminal offense that was discharged, dismissed, or resulted in an acquittal, if expunged, are placed under seal immediately and destroyed after three years and 120 days. S.C. Code Ann. § 17-1-40.

Record Detail(s)

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

Law enforcement, prosecution agencies, and detention facilities retain the records of arrest, booking, bench warrants, and other institutional reports under seal for three years and 120 days, then destroy them, unless the records are needed for an ongoing investigation or official proceeding. For the specific procedure, see S.C. Code Ann. § 17-1-40.

Fees

There is no fee. S.C. Code Ann. § 17-1-40(D).

Effect

"Under seal" means the information is not a public document and not subject to disclosure other than to a law enforcement or prosecution agency, and attorneys representing a law enforcement or prosecution agency. Once destroyed, no evidence of the record pertaining to the charge or associated bench warrants can be retained by any municipal, county, or state agency unless under specified circumstances. S.C. Code Ann. § 17-1-40.

Waiting Periods

The record is sealed immediately. After three years and 120 days, the record is destroyed.

Back to South Carolina