Print Window
Close Window

State of South Carolina
Thirteenth Judicial Circuit Solicitor's Office
305 East North Street, Suite 320
Greenville, South Carolina 29601
(864) 467-8647

Expungement of Criminal Records Frequently Asked Questions

Q. By law, what charges can be expunged from your criminal record?
A. Expungement is the process by which a charge may be removed from your criminal record. The South Carolina Code of Law specifies which charges can be removed from your criminal record.

1. Charges that have been dismissed, nolle prossed, or found not guilty are eligible for expungement.
2. First offense conviction misdemeanor under the fraudulent check law provided no additional criminal conviction has taken place in one year from date of conviction.
3. Conviction of a first offense simple possession of marijuana or hash charge where a conditional discharge was received and the defendant successfully complied with the terms of that sentence. Verification of compliance must be submitted with the expungement application.
4. Conviction of a first offense Magistrate or Municipal Court charge and no additional criminal conviction has taken place within three years from date of conviction. Exceptions to this section are: wildlife and game convictions, traffic offense convictions.
5. Conviction of a misdemeanor first offense failure to stop motor vehicle and no additional conviction has taken place for three years after completion of the sentence.
6. First offense conviction as a youthful offender and no additional conviction for fifteen years from date of conviction. Exceptions to this section are: wildlife and game convictions, traffic offense convictions and convictions classified as a violent crime.

Q. What charges cannot be removed from your record?
A. Convictions in the Court of General Sessions, Wildlife and game convictions, Traffic tickets.

Q. How much will it cost to have an Expungement Order processed?
A. For charges with a disposition of dismissed, nolle prossed or found not guilty, an administrative fee of $150 per order is required by the Solicitor’s Office. The $150 fee is non-refundable, regardless of whether the offense is determined to be statutorily ineligible for expungement or the Solicitor or his designee does not consent to the expungement.

For charges with a disposition of guilty, an administrative fee of $150, payable to the Solicitor’s Office, and $25 verification fee, payable to South Carolina Law Enforcement Division (SLED), is due at the time of processing. Once the order has been processed, the Clerk of Court’s Office requires a filing fee of $35. All fees are non-refundable.

Q. Where do you request an Expungement Order?
A. For charges that occurred in Greenville County, a request form can be submitted to the Pre-Trial Intervention Office at the Greenville County Courthouse, 305 E. North Street, Suite 320, Greenville, SC, 29601 or by fax (864) 467-8695. For additional information, please call Sherri Whitmer (864) 467-8723.

I understand that I may hire an attorney, if I choose. I have received and read the Expungement Policy, including the fees required. I have been given the opportunity to ask questions and understand that all fees are non-refundable. I have been truthful regarding my criminal history.

Revised 01/25/2006

Expungement Request Form