Having a criminal conviction on your record can impact your job prospects, housing opportunities, and even personal relationships. Fortunately, South Carolina law allows for certain types of convictions to be expunged, giving individuals a fresh start by removing eligible offenses from their public record.
Understanding which convictions qualify and the expungement process can help you take the next step toward rebuilding your future. However, getting a conviction expunged is not as easy or straightforward as one might expect. That’s where an experienced South Carolina criminal defense lawyer comes in.
At Johnson, Johnson, Whittle, Lancer, and Staggs, our criminal defense lawyers understand the impact that having a criminal conviction on your record can have on your personal and professional life. That’s why our experienced criminal defense team is dedicated to helping clients in Aiken, South Carolina and the surrounding areas pursue expungements where possible.
Get in touch with us today at (803) 649-5338 for effective legal representation.
What is Expungement?
Expungement is a legal process that removes certain charges or convictions from your criminal record. In South Carolina, this means the charge will no longer appear in most background checks, providing you with a fresh start.
Benefits of expungement
Having a criminal conviction expunged can provide significant relief by:
- Restoring your reputation.
- Improving job and housing opportunities.
- Reducing stress and stigma associated with a criminal record.
Can a Conviction Be Expunged in South Carolina?
In South Carolina, expungement laws are specific about what can and cannot be cleared from your record. Here’s what you need to know:
Eligible Convictions for Expungement:
Certain types of convictions in South Carolina are eligible for expungement, offering individuals the chance to clear their records and move forward with a fresh start.
- First-Offense Misdemeanors in Magistrate or Municipal Courts: Convictions carrying a maximum penalty of 30 days imprisonment or a $1,000 fine can be expunged after three years, provided there are no subsequent convictions during this period.
- First-Offense Third-Degree Domestic Violence: Eligible for expungement five years after the domestic violence conviction, assuming no additional convictions have occurred.
- First-Offense Drug Possession: Convictions for simple possession of controlled substances can be expunged three years after the conviction date, given no other convictions during this timeframe.
- First-Offense Possession with Intent to Distribute (PWID): Drug distribution convictions are eligible for expungement 20 years after the sentence completion, provided there are no other drug or felony convictions during this period.
- Youthful Offender Act (YOA) Convictions: Individuals sentenced under the YOA may seek expungement five years after completing their sentence, assuming no subsequent convictions. This excludes juvenile criminal offenses involving motor vehicles, classified as violent crimes, domestic violence, or those requiring sex offender registration.
- First-Offense Misdemeanor Fraudulent Check: Eligible for expungement one year after the fraud conviction, provided there are no other convictions during that year.
- First-Offense Failure to Stop for a Blue Light: Convictions can be expunged three years after sentence completion, assuming no other convictions during this period.
Ineligible Convictions for Expungement:
Certain offenses are generally not eligible for expungement in South Carolina, including:
- Driving Under the Influence (DUI) Convictions: DUI offenses are typically ineligible for expungement.
- Offenses Requiring Sex Offender Registration: Crimes necessitating registration on the sex offender registry cannot be expunged.
- Violent Crimes: Convictions classified as violent crimes are excluded from expungement eligibility.
Expungement Eligibility Criteria in South Carolina
Expunging a charge in South Carolina involves meeting specific legal requirements. These include:
1. Non-Conviction Records
Dismissed Charges or Acquittals: If charges were dismissed, nol prossed (not prosecuted), or resulted in a not guilty verdict, they are eligible for expungement. For charges dismissed after 2009, expungement is often automatic. For earlier cases, an application may be necessary.
2. First-Offense Convictions
- Misdemeanor Offenses: Convictions for misdemeanors carrying a maximum sentence of 30 days and/or a $1,000 fine may be eligible for expungement. Applicants must wait five years after completing their sentence, including probation or parole, and have no other convictions during this period.
- Fraudulent Check Convictions: First-offense misdemeanor convictions under the fraudulent check law can be expunged one year after the conviction, provided there are no additional criminal convictions during that year.
3. Drug-Related Offenses
- Conditional Discharge: Individuals who received a conditional discharge for first-offense drug possession and successfully completed the terms can have the charge expunged.
- First-Offense Simple Possession: Convictions for first-offense simple possession of a controlled substance may be eligible for expungement three years after the conviction, assuming no other convictions during that period.
4. Youthful Offender Act (YOA) Convictions
- Individuals sentenced under the YOA for a first offense can apply for expungement five years after completing their sentence, provided they have no other convictions. This excludes offenses involving motor vehicles, classified as violent crimes, domestic violence, or those requiring sex offender registration.
5. Juvenile Offenses
- For those 17 years old or older who have fully completed their sentence, certain juvenile records are eligible to be erased by court order.
6. Other Specific Offenses
- Failure to Stop for a Blue Light: First-offense convictions for failure to stop for a blue light can be expunged three years after sentence completion, assuming no other convictions during this period.
Important Considerations
- Ineligible Offenses: Certain offenses, such as DUI convictions, are generally not eligible for expungement in South Carolina.
- Multiple Offenses: Individuals with multiple convictions may face additional challenges in seeking expungement.
- Application Process: The expungement process involves specific procedures and fees, and eligibility can vary based on individual circumstances. Consulting with a legal professional is advisable to navigate this process effectively.
Understanding these criteria is essential for those seeking to clear their criminal records in South Carolina. Each case is unique, so it’s recommended to consult with an attorney or the appropriate legal authority to assess individual eligibility.
The Expungement Process in South Carolina
The process of getting a charge expunged in South Carolina involves several key steps:
- Filing a Request: Submit a formal application to the Solicitor’s Office in the jurisdiction where the charge was filed.
- Paying Fees: Pay the required fees, which may vary depending on the nature of the charge and the county.
- Obtaining Court Approval: The Solicitor’s Office reviews your request, and if approved, a judge must sign off to finalize the expungement.
- Timeline: The process typically takes several weeks to a few months, depending on the complexity of the case and the court’s schedule.
- Clearing All Records: It’s crucial to ensure that all records—local, state, and federal—are updated to reflect the expungement. This guarantees the charge is no longer accessible in background checks.
What Happens If You’re Not Eligible for Expungement?
If expungement isn’t an option for your conviction, there are still steps you can take to minimize its impact:
- Pursue a Pardon: In South Carolina, a pardon doesn’t erase your conviction but can restore certain rights and demonstrate rehabilitation. This may help with employment or licensing challenges.
- Seek Legal Assistance: An experienced attorney can assist in addressing ongoing issues such as license suspensions, fines, or probation terms, ensuring compliance, and advocating for reduced penalties. This can go a long way in making your life much easier.
How to Better Manage Your Life with a Conviction on Your Record
While a conviction can pose challenges, there are steps you can take to move forward:
- Acknowledge Your Situation: Understand the impact of your record and adopt a positive mindset.
- Explore Legal Options: Check eligibility for expungement or a pardon, and consult an attorney for guidance.
- Build a Support Network: Lean on family, friends, and support groups for encouragement and advice.
- Pursue Employment: Be honest with employers, explore “ban the box” laws, and target felony-friendly companies.
- Continue Education: Enroll in training programs or certifications to improve job prospects.
- Utilize Community Resources: Work with reentry programs and legal aid organizations for support.
- Secure Housing: Research felon-friendly housing programs and prepare to address background checks.
- Advocate for Policy Reform: Join advocacy groups and raise awareness to influence change.
- Rebuild Financial Stability: Pay off debts, build credit, and plan for long-term goals.
- Prioritize Health: Seek counseling, practice mindfulness, and maintain physical well-being.
The Role of a Criminal Defense Attorney
Facing a criminal conviction can feel overwhelming, but a skilled attorney can make a significant difference in protecting your rights and future. Here’s how they can help:
- Navigating Expungement Eligibility: Expungement laws in South Carolina are complex and require careful analysis of your case. An attorney ensures your eligibility is properly assessed and handles all filings, deadlines, and legal requirements to give you the best chance of success.
- Reducing or Dismissing Charges: Attorneys can investigate your case, challenge evidence (such as procedural errors), and negotiate with prosecutors to reduce or dismiss charges. A reduced charge or dismissal often makes expungement a viable option.
- Proactive Defense Strategies: A strong defense can prevent a conviction altogether. By addressing weaknesses in the prosecution’s case or advocating for alternatives like Pre-Trial Intervention (PTI), your attorney works to avoid long-term consequences and preserve your record.
Get in Touch with an Experienced Aiken, South Carolina Criminal Defense Attorney Today!
Expunging a conviction in South Carolina can be a complex and challenging process due to the state’s strict eligibility requirements. While dismissed charges, cases resolved through programs like Pre-Trial Intervention (PTI), or charges that result in a “not guilty” verdict may qualify for expungement, convictions are generally not eligible.
Understanding these nuances is vital for anyone seeking to clear their record. The process involves navigating legal procedures, meeting eligibility criteria, and adhering to timelines, all of which can be overwhelming without professional guidance. Acting quickly is crucial, as delays can limit your options.
Consulting with an experienced criminal defense attorney ensures you fully understand your situation and pursue the best course of action, whether through expungement, a pardon, or mitigating the impact of a conviction on your life.
At Johnson, Johnson, Whittle, Lancer, & Staggs, we are committed to helping you protect your future. Our experienced team will carefully review your case, advise you on the most effective strategies, and guide you through every step of the legal process.
Don’t let a criminal conviction define your life—reach out to us today to discuss your case and explore your options for expungement or other legal solutions. Call our office today at (803) 649-5338 to take the first step toward reclaiming your future.
