Quick Answer: What Charges Can Be Expunged In SC?

How do you get a simple possession charge dropped in SC?

Here is a brief overview of some of the most common reasons why a simple possession charge in South Carolina may be dropped or overturned:Plea Bargaining.

Entrapment.

Miranda Rights Violation.

Unlawful Search or Seizure.

Insufficient Evidence.

Prosecutorial Discretion..

How much does it cost to get your record expunged in South Carolina?

What fees do I pay for an expungement? You must pay a $250.00 administrative fee to the Solicitor’s office, a $25.00 fee to the South Carolina Law Enforcement Division (“SLED”), and $35.00 filing fee to the Clerk of Court. You pay the fees with separate money orders when you apply to your Solicitor’s office.

How long does a simple possession stay on your record in SC?

Simple Possession/Possession with Intent to Distribute (new): First offense simple possession is eligible for expungement 3 years after completing sentence with no convictions in those 3 years.

Where do I go to get my record expunged?

A person seeking to have an arrest or criminal conviction expunged from their record must usually fill out an application or petition, and submit the paperwork to the proper criminal court for a judge’s review and decision. In most jurisdictions, a fee must be paid in conjunction with the filing of the application.

How do you get a dismissed charge expunged?

Important Note: If your case was dismissed it will NOT be expunged automatically by the courts. You need to file a petition to have your charges expunged from the system. If you do not file an expungement petition the record will remain visible forever.

Can I get a drug charge expunged from your record?

While each drug charge is different, having any drug offense conviction on your record can make it difficult to find employment. Fortunately, most states allow many types of drug charges to be expunged. … You can take a free online eligibility test to determine if your drug charge can be expunged.

Can a convicted felon own a gun after 10 years in South Carolina?

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition. …

What is the fine for simple possession in SC?

Simple possession of marijuana in South Carolina is a misdemeanor punishable by not more than 30 days in jail and a fine between $100 and $200. Clients with a first-time simple possession charge may be eligible to enter a pre-trial intervention program or attend a drug abuse program to decrease their penalties.

How do you get your record expunged in SC?

To get your record expunged: The conviction you want to expunge must be a first offense of a misdemeanor. The misdemeanor must have a maximum possible sentence of $1000 and/or 30 days. Three years has to have passed since your conviction or five years if it was for first offense domestic violence in the third degree.

How long does SC expungement take?

How long does expungement take? From the time you apply for the expungement at the Solicitor’s Office until you receive the expungement order, it can take up to six months.

Can a DUI be expunged in SC?

In South Carolina, a DUI (driving under the influence) or DUAC (driving with an unlawful alcohol content) conviction cannot be expunged.

Does a pardon restore gun rights in SC?

Pardon restores all civil rights, gun rights, and the right to be licensed for any occupation requiring a license. See also S.C.

How do you get a drug possession charge dropped?

How can I get charges dropped?Illegal Search. In some cases, you can have possession charges dropped at an early stage by arguing that the police performed an ‘illegal search. … Lack of Exclusive Possession. Another way that you can fight the charge is where ‘exclusive possession’ cannot be proved. … Lack of Evidence.

What crimes can be expunged in SC?

What Criminal Records Can Be Expunged in South Carolina?Any charge that was dismissed or where the defendant was found not guilty is eligible for expungement.First offense convictions for fraudulent check (bad check) charges are eligible for expungement.More items…•

Can a felony be expunged in SC?

If you were a first offender and there are no other criminal proceedings against you, you may apply to have your record expunged after waiting one year from the date of your conviction. You are allowed only one expungement under this law. Felony check offenses are not eligible. (South Carolina Code § 34-11-90 (2018).)

How long does a CDV stay on your record in South Carolina?

five yearsIf you’re eligible for an expungement, you must wait five years from the date of your CDV conviction. This means the CDV will remain on your criminal record for at least five years after pleading guilty.