An expungement is the removal of a criminal record of an arrest so that it no longer shows on a criminal history (RAP sheet). South Carolina law allows for the destruction of an arrest and/or conviction information under limited circumstances. Please read the following information carefully to see if you are eligible to apply:
1. Dismissed, nol prossed. (These dispositions are considered as dismissals and may be expunged free of charge unless one or more were dismissed due to plea negotiations. In that case, the processing fee will be $250).
2. Not guilty by bench trial or jury trial or Indictment No Billed by the Grand Jury. (These will be free of charge).
3. Dismissed after successful completion of PreTrial Intervention (PTI); Alcohol Education Program (AEP); or the Traffic Education Program (TEP). (There will be a fee associated with the expungement process).
4. Singular Fraudulent Check conviction for a FIRST offense in a magistrate/municipal court and a year or more following the conviction with no further convictions within the mandatory one year waiting period (There will be the $310 processing fee associated with this expungement).
5. First offense drug possession charge where a defendant was given a Conditional Discharge sentence and has complied and completed all court ordered sanctions (There will be a processing fee of $285 associated with this expungement).
6. First time misdemeanor conviction in a magistrate/municipal/General Sessions court the offense must carry a maximum penalty of 30 days and/or a fine of $1,000. There is a mandatory waiting period of three years before you can apply (five years if the charge is CDV (Criminal Domestic Violence) and the applicant cannot have any convictions within that waiting period. (The processing fee will be $310 associated with this expungement).
7. A YOA (Youthful Offender Act) conviction that is a non-violent charge with no further convictions within a five year waiting period AFTER the probation/parole has ended. (There will be a $310 processing fee).
8. First time conviction for Failure to Stop for Blue Light and Siren where no further convictions have occurred within the mandatory three year waiting period after date of conviction. (There will be a $310 processing fee).
9. Eligible Juvenile offenses:
May apply once the offender is 18 years old, the sentence has been completed, there are no additional charges and the charge was non-violent.
(There will be a $310 processing fee).
Once the application is received, it is the responsibility of the Solicitor’s Office to obtain all signatures associated with the expungement process. It is also our responsibility to make sure all governmental agencies as well as the applicant or applicant’s attorney receive copies of the completed certified expungement order for their records.
It is not necessary to hire an attorney for an expungement. You can apply yourself by filling in the Expungement Application at the following link. For juvenile expungements, you must call the office 803.642.1512 (line 2).
EMAIL:
SOLICITOR@AIKENCOUNTYSC.GOV
FAX: 803.642.7530
MAILING ADDRESS:
Office of the Solicitor
P.O. Drawer 3368
Aiken, SC 29802-3368
DROP IT OFF @
109 Park Avenue, SE
Aiken, SC 29802
The State of South Carolina offers one more option for individuals who are not eligible to have a charge expunged. A pardon is the State’s forgiveness to a person for all the legal consequences of a crime. It does not remove the conviction from the criminal record but it does reflect a “pardoned” status on their RAP sheet as well as restoring any civil rights that may have been taken away at the time of conviction. The Solicitor’s Office does not handle pardons. You must contact the South Carolina Probation, Parole and Pardon Services at www.dppps.sc.gov or you may call them at 803.734.3538 if you have any questions about the process.