EXPUNGEMENTS IN SC

1
EXPUNGEMENTS IN SC

• Changes in SC Expungement Laws
• Chief Justice Toals Administrative Order for
  Expungements
• Expungement Fees
• SC Attorney General Opinions

2
EXPUNGEMENT IN SC

• Section 17-1-40 No Charge
• Section 44-53-450 No Charge
• Section 17-22-150 No Charge
• Section 22-5-910 25.00
• Section 22-5-920 25.00
• Section 56-5-750 25.00
• Section 34-11-90 25.00

3
SLED

• SLED processes approximately 1500 expungement
  requests each month.

4
SLED

• Section 17-1-40
• Dismissed, Not guilty, acquitted, nol
  prossed,etc. Must be completely destroyed.
• You cannot expunge the arrest charge, if the
  charge was reduced to a lesser offense. You
  cannot erase the fact which created the lesser
  offense.
• Ex ABHAN is a lesser offense of CSC and
  cannot be expunged.

5
SLED

• Section 22-5-910
• Enhanced penalties refers to Traffic and Title 50
  offenses only.
• If you have utilized Sec. 34-11-90(e) then you
  cannot use Sec.22-5-910. You have already been
  convicted in magistrates court.
• If you have a DUI or DUS as a first offense on
  your SLED Rap Sheet then you cannot use this
  section since you have already been convicted in
  magistrates court.

6
SLED

• Section 22-5-920
• 1st offense conviction as a youthful offender. No
  criminal activity for 15 years from date of
  conviction.
• Exclusions Title 50, Title 56, Violent Crimes
  according to Sec.16-1-60,and CDV.
• In order to use this section you have to be
  sentenced as a Youthful Offender.

7
SLED

• Section 34-11-90(e)
• 1st offense fraudulent check and no criminal
  activity for one year from date of conviction.
• Must be for one offense only. Even if you are
  arrested on one occasion, the arrests would be
  separate incidents.

8
SLED

• Section 56-5-750(F)
• Used for 1st offense failure to stop for blue
  light.
• No additional criminal activity for 3 years from
  date of the completion of the sentence.
• This statute cannot be used before June 5, 1996,
  which is the effective date of the statute.

9
SLED

• Section 44-53-450(b)
• Conditional Discharge Program for first offense
  simple possession of marijuana.
• Must be sentenced under the Conditional Discharge
  Program. Cannot be convicted.