South Carolina Expungement Laws: Who Qualifies and How to Apply
South Carolina Expungement Laws: Who Qualifies and How to Apply
South Carolina law allows qualifying individuals to expunge arrest and conviction records under S.C. Code § 17-22-910 et seq., with the 2018 legislative reform (Act 254) expanding eligible offense categories and strengthening automatic expungement protections for dismissed charges.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers expungement law in South Carolina only. Rules vary significantly by state. See Expungement Laws by State for a full comparison.
What the 2018 Reform Changed
South Carolina's expungement framework underwent a significant expansion through legislation enacted in 2018 (Act 254), which amended multiple sections of Title 17 and Title 22 of the South Carolina Code. Before the reform, expungement was available only to a narrow set of offenders. The 2018 act broadened eligibility in three key ways.
First, it codified the categories of offenses eligible for expungement under the centralized S.C. Code § 17-22-910(A) umbrella, making it easier to administer applications through each circuit's solicitor's office. Second, it strengthened the automatic expungement requirement for summary court dismissals and acquittals under S.C. Code § 17-22-950, requiring that courts act within 30 days of the appeal expiration date without any petition from the defendant. Third, it extended retroactive application so that individuals convicted before the reform's effective date could seek expungement under the new rules if they met the eligibility criteria. Under S.C. Code § 17-22-910(B), eligibility is determined by the offense a person was actually convicted of, not by any prior or pending charge.
Automatic Expungement for Dismissed Charges
South Carolina provides the strongest automatic protections for charges that never resulted in a conviction. Under S.C. Code § 17-22-950, when a case in summary court ends in an acquittal or the charges are dismissed or nolle prossed, and the defendant was fingerprinted, the court must immediately issue an expungement order at no cost. The expungement must occur no sooner than the appeal expiration date and no later than 30 days after it. Importantly, digital records must be removed from all internet-based public records within 30 days of the disposition date, regardless of whether the defendant ever files a request.
Under S.C. Code § 17-1-40, the same automatic destruction of arrest and booking records, associated bench warrants, mugshots, and fingerprints applies when charges are dismissed, discharged, or result in acquittal in any court. Law enforcement agencies may retain sealed records for up to three years and 120 days for litigation defense purposes, after which sealed materials must be destroyed. Under S.C. Code § 17-22-950(F), a prosecution or law enforcement agency may file an objection to a summary court expungement; if an objection is filed, the expungement must be heard by the judge of a general sessions court. The valid grounds for objection are that the accused person has other charges pending, or that the charges are not eligible for expungement.
Diversion Program Completions: PTI, Conditional Discharge, and Education Programs
South Carolina created several diversion pathways whose successful completion results in a noncriminal disposition and an expungeable record. Each program is governed by a separate statute but all feed into the § 17-22-910 expungement process.
Pretrial Intervention (PTI): Under S.C. Code § 17-22-150(a), when a defendant successfully completes a PTI program the solicitor effects a noncriminal disposition of the charge. The defendant may then apply for an order destroying the arrest record. PTI completion restores the person to the legal status occupied before the arrest and does not constitute a criminal conviction for any purpose. The $250 administrative fee does not apply to PTI expungements, and SLED verification is not required for PTI cases.
Conditional Discharge: Under S.C. Code § 44-53-450(b), a first-time drug possession offender may be placed on probation. Successful completion results in discharge and dismissal of the charges. That dismissal is then expungeable through the § 17-22-910 process. The $25 SLED verification fee is waived for conditional discharge cases.
Alcohol Education Program (S.C. Code § 17-22-530(A)): Persons ages 17 to 20 charged with underage alcohol offenses who complete the program receive a noncriminal disposition. No permanent public record is maintained except by the Commission on Prosecution Coordination internally. Participants may apply for a court order destroying remaining records.
Traffic Education Program (S.C. Code § 17-22-330(A)): Completion results in a noncriminal disposition with record destruction available through court order. No verification fee applies.
Waiting Periods for Conviction-Based Expungements
When a conviction did occur, South Carolina imposes waiting periods that vary by offense type. No convictions of any kind may occur during the waiting period, including out-of-state convictions.
First-offense magistrate court convictions (S.C. Code § 22-5-910): Eligible three years from the date of conviction for offenses carrying a penalty of not more than 30 days imprisonment or a fine of $1,000, or both. Domestic violence in the third degree carries a five-year waiting period under the same section. Motor vehicle operation offenses are excluded entirely. Each person may use this provision only once.
Youthful offender convictions (S.C. Code § 22-5-920): A first-offense conviction sentenced under the Youthful Offender Act may be expunged five years after completion of the sentence, including probation and parole. Violent crimes as defined in S.C. Code § 16-1-60, domestic violence offenses, and sex offenses requiring registration are excluded.
First-offense simple drug possession (S.C. Code § 22-5-930): Three years after completion of all sentence conditions. Possession with intent to distribute carries a 20-year waiting period after sentence completion. A person may not use this provision if they used a conditional discharge for a marijuana offense within five years, or for any other controlled substance within ten years, of the arrest date for the offense being expunged. Each person may use this provision only once.
First-offense failure to stop when signaled by law enforcement (S.C. Code § 56-5-750(F)): Three years after completion of all sentence conditions, provided no great bodily injury or death resulted and no subsequent convictions occurred.
First-offense fraudulent check (S.C. Code § 34-11-90(e)): One year from the date of conviction with no other conviction during that period. Each person may use this provision only once.
The Application Process and SLED's Role
The solicitor's office in the judicial circuit where the case was handled administers all expungement applications under S.C. Code § 17-22-920 and § 17-22-940. Clerks of court must direct all expungement inquiries to the corresponding solicitor's office. Applicants obtain the required blank expungement order forms from that office; use of those official forms is mandatory.
Before a solicitor or circuit court judge signs a conviction-based expungement application, SLED must verify and document that the charge is appropriate for expungement under S.C. Code § 17-22-940. SLED verification is not required for PTI, conditional discharge, alcohol education, and traffic education program cases. The standard fees are $250 (nonrefundable administrative fee payable to the solicitor's office), $25 (SLED verification, paid by certified check or money order), and clerk of court filing fees under S.C. Code § 8-21-310(C)(4). Solicitors may establish donation accounts to help applicants cover up to 50 percent of the administrative fee. The $250 fee is waived for general sessions charges dismissed, discharged, or nolle prossed under S.C. Code § 17-1-40, unless the dismissal was part of a plea arrangement on other charges.
Under the "single incident" rule in S.C. Code § 17-22-940, each expungement order may cover only one charge, with one exception: multiple charges arising from the same incident and eligible under S.C. Code § 17-1-40 or § 17-22-150(a) may be included in one order.
After the solicitor and a circuit court judge sign the order, the solicitor distributes copies to the arresting agency, any detention facility involved, the clerk of court, and SLED. SLED then updates its central records. Under S.C. Code § 17-22-960, employers who hire workers with expunged records receive immunity from claims arising from those expunged offenses and may not use expunged information adversely against an employee.
What Cannot Be Expunged in South Carolina
South Carolina law does not provide a general expungement remedy for felony convictions outside the youthful offender framework. Most felony drug trafficking convictions, violent felonies under S.C. Code § 16-1-60, domestic violence felonies, and sex offenses requiring registration are ineligible regardless of time elapsed. Motor vehicle operation offenses are excluded from the magistrate court first-offense track. A person who has already used a particular expungement provision once cannot use that same provision again, since most sections include an explicit one-time-only limitation. The $250 administrative fee is not refunded if SLED determines a charge is ineligible.
Disclaimer: This article provides general legal information about South Carolina expungement law based on statutes verified as of May 29, 2026. Laws change; this article may not reflect the most recent amendments. This article does not constitute legal advice and does not create an attorney-client relationship. Consult a licensed South Carolina attorney before making any decision about your record.
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Sources
The following primary legal sources were used to prepare this article.
- S.C. Code § 17-22-910 through § 17-22-960 (Uniform Expungement of Criminal Records), South Carolina Legislature, scstatehouse.gov
- S.C. Code § 22-5-910 (First offense convictions, magistrate court), South Carolina Legislature, scstatehouse.gov
- S.C. Code § 22-5-920 (Youthful Offender Act expungements), South Carolina Legislature, scstatehouse.gov
- S.C. Code § 22-5-930 (First offense drug conviction expungements), South Carolina Legislature, scstatehouse.gov
- S.C. Code § 17-1-40 (Destruction of records on acquittal or dismissal), South Carolina Legislature, scstatehouse.gov
- S.C. Code § 44-53-450 (Conditional discharge for drug possession), South Carolina Legislature, scstatehouse.gov
- S.C. Code § 34-11-90(e) (First offense fraudulent check expungement), South Carolina Legislature, scstatehouse.gov
- S.C. Code § 56-5-750(F) (First offense failure to stop expungement), South Carolina Legislature, scstatehouse.gov
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RecordingLaw.com provides general legal information, not legal advice. Laws change; verify current statutes with official sources or a licensed South Carolina attorney.