An expungement is a court order for the destruction of criminal records relating to an
arrest or a conviction. South Carolina law will allow for expungement of criminal offenses under
Applications for expungement must be made to the Court in the county and state in which the
arrest occurred. Each county in South Carolina may have different application procedures. You
will need to contact the county where you were arrested for additional information.
Magistrate Courts and Municipal Courts are required to process requests for expungements for
charges that were dismissed or where the defendant was found not guilty in their courts. Expungement
requests for charges dismissed in General Sessions or where the defendant pled guilty in
Magistrate Court or Municipal Court are processed by the Solicitor’s Office.
The Solicitor's Office will not be able to discuss eligibility requirements over
the telephone. You must submit a written application. Applications are accepted Monday-Friday
from 8:30 am - 4:30 pm. For questions regarding Greenville County expungements, you may call
(864) 467-8723. For questions regarding Pickens County expungements, you may call (864) 898-5628.
Frequently Asked Questions:
Expungement requests are processed according to the date received in our office. We understand
the urgency of your request and will process your application as quickly as possible. Due to
the high volume of requests, the expungement process currently takes 10 to 16 weeks.
Disclaimer: The general information provided in these FAQ’s is not legal advice, cannot be
cited as legal authority and cannot replace the advice or an attorney licensed in the state of
South Carolina. The information in these FAQ’s is accurate as of the date of publication. The
information contained in this document is subject to unscheduled and unannounced revisions.
What is an expungement?
An expungement is a court order that removes something from your criminal record. It is
also called an Order for Destruction of Arrest Records.
How much does it cost to have a charge expunged?
Fees are determined by South Carolina law. In general, fees are $250 to the Solicitor’s Office,
$25 to SLED and $35 to the Clerk of Court. However, fees are not due at the time of application.
If your charge(s) is eligible for expungement, you will be notified of any fees necessary to process
your request. All fees must be in the form of a money order or certified cashier’s check and are
non-refundable. Fees are subject to change at any time.
Can I get a fee waiver if I can not afford to pay the fees?
By law, the $250 application fee can only be waived in cases where it is determined
a person has been falsely accused of a crime as a result of identity theft. A report of
identity theft must be filed with a law enforcement agency.
Will a previous expungement keep me from getting one for a current charge?
All sections of law, which allow a convicted charge to be expunged, can only be used once in a lifetime.
You cannot choose which convictions are to be removed. Eligibility for expungement is determined by
South Carolina Laws.
How do I get a charge that was dismissed or not guilty in a Magistrate or Municipal
You will need to contact the court which handled your case in order to apply for an expungement.
How can I obtain a criminal background check?
A criminal background check can be obtained by contacting one of the following agencies. Fees are
determined by each agency.
- http://www.sled.sc.gov/ and click on criminal background check on the left side of the page.
- Public Records located at the Law Enforcement Center.
If I completed Pre-Trial Intervention (PTI) or the Alcohol Education Program (AEP), can
I get my charge(s) expunged?
If you successfully completed PTI or AEP, the charges are eligible for expungement. Fees will be given at the
time of application.
How do I know if the charge has been removed from my record?
You will receive a copy of the Expungement Order notifying you that the court has complied
with the order and has notified all criminal court agencies. Each agency is responsible
for destroying their record of your arrest. Do not assume that the charge has been removed
until you view your criminal background check. To verify the charge(s) has been removed,
you will need to obtain a criminal background check from the South Carolina Law Enforcement
Agency (SLED) at http://www.sled.sc.gov/.
Can I have my traffic violations expunged?
Traffic offenses, motor vehicle offenses, and wildlife and game offense cannot be expunged.
Magistrate and municipal courts are not required to expunge non-convicted traffic offenses if
the defendant was not fingerprinted at the time of arrest or if the defendant was charged with
a violation of Title 50 (Fish, Game and Watercraft), Title 56 (traffic) or a county or municipal
ordinance. Convictions for Driving under the Influence (DUI), Driving Under Suspension (DUS) or
Reckless Driving are not eligible for expungement.
What if my charge is from a different state?
You must contact the Prosecuting Attorney’s Office/Solicitor’s Office in the State and County
in which the charge occurred.
Why can't my conviction be expunged when it’s such an old charge?
Criminal history is a permanent record and the age of the charge(s) does not determine eligibility.
What if the criminal record check does not show what happened to the charge?
Sometimes a criminal record will show a charge was issued against you but does not show
the outcome. You can obtain the disposition from the court which heard the case. If there
is not a disposition available for the charge, you will need to obtain a letter from the
court or the arresting agency where you appeared stating that a disposition cannot be
What is a pardon? Where do I get information from for a pardon?
A pardon is a grant by the state that excuses a person convicted of a crime from
its legal consequences. It does not erase a conviction, it just ends the penalty. For
more information contact the South Carolina Department of Probation, Parole and Pardon
Services at http://www.dppps.sc.gov/.
Where can I find more information regarding expungement if I still have questions?
If you still have questions regarding expungements, visit
Links of Interest: