In South Carolina, under some circumstances it is possible to have an arrest or even a conviction cleared from your record. To have your record expunged means that you obtain an Expungement Order signed by a judge, ordering all law enforcement agencies involved with your case to destroy all record of your arrest and/or conviction.
Most misdemeanor convictions in the magistrate court can be expunged from your record provided there were no other convictions before or for three years after the magistrate court conviction. Certain offenses provide for expungement once the appropriate conditions are met. If a person qualifies for pre-trial intervention (PTI), the Alcohol Education Program (AEP), a conditional discharge, or drug court, their arrest can be expunged once the program is completed.
If you were 24 years old or younger at the time of a conviction and you were sentenced under the provisions of the Youthful Offender Act (YOA), and if you have had no other convictions, your record can be expunged five years after the completion of your sentence.
When your charges are dismissed, or after you are found not guilty at a jury trial, the arrest remains on your criminal history, and will be seen by potential employers or others who run a records check on you. All records of arrests that later ended in dismissal or not guilty verdicts can be expunged from your record as well. If you have questions about whether something on your South Carolina record can be expunged, call our Myrtle Beach office at 843-444-6122 or contact us online and we will review your case and tell you if it is possible.