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State of South Carolina
Thirteenth Judicial Circuit Solicitor's Office
Robert M. Ariail, Solicitor

(Greenville and Pickens Counties)

Expungement Information

An "Expungement" is the destruction of criminal records relating to an arrest or a conviction. Pursuant to South Carolina Code of Laws § 17-22-950, the summary courts (Magistrate and Municipal Courts) are responsible for expunging the records of all criminal cases disposed in those courts in which the charge was dismissed, nolle prossed or found not guilty at trial. You will need to contact the individual courts to determine their application procedures and hours. If you are unsure which court your charge originated from, you may be able to obtain this information from http://www.greenvillecounty.org/courtsupport. Charges that were dismissed, nolle prossed or found not guilty in General Sessions are processed by the Solicitor's Office.

Application Process

1. The applicant must apply to the Solicitor’s Office in the circuit in which the offense was committed.
2. The applicant must pay the following amounts in the form of separate certified checks or money orders:
   1. a non-refundable administrative fee of $250.00 made payable to the Solicitor’s Office,
   2. a non-refundable South Carolina Law Enforcement Division (SLED) verification fee of $25.00 made payable to SLED (when applicable),
   3. a filing fee of $35.00 made payable to the Greenville County Clerk of Court (when applicable).
3. Pursuant to Section 17-22-940 (b) of the South Carolina Code of Laws, any person who applies to the Solicitors Office for an expungement of General Session charges pursuant to § 17-1-40 is exempt from paying the administrative fee, unless the charge(s) was dismissed, discharged, or nolle prossed as a part of a plea arrangement under which the defendant pled guilty and was sentenced on other charges.
4. The Solicitor's Office will send the application to SLED in order to verify that the offense is eligible for expungement, as provided by the South Carolina Code of Laws.
5. SLED will return the application to the Solicitor’s Office and indicate if the offense (s) is eligible for expungement.
6. If the offense is determined to be eligible for expungement by SLED, the Solicitor’s Office will obtain all necessary signatures.
7. Once the order is signed by the circuit court judge, the Solicitor's Office will file the order with the Greenville County Clerk of Court.
8. The Solicitor's Office will provide copies of the expungement order to all pertinent government agencies as well as the applicant or the applicant's attorney.

Eligibility

South Carolina Court Administration has designed a form Order (SCCA423) which must be used for all expungements. The Order must be consented to by the Circuit Solicitor and approved and signed by the Circuit Judge. The Solicitor will consent to every case in which a properly completed proposed Order is presented to him along with all documentation, fees, certification from the Court, and prior criminal record check necessary to confirm that the defendant is lawfully entitled to the expungement.

The State of South Carolina law allows for the destruction of arrest and/or conviction information under the following limited circumstances:

Dismissal Or Non-Conviction Of Offense In General Sessions

Pursuant to South Carolina Code of Laws § 17-1-40, the charge(s) against the defendant was dismissed, nolle prossed or the defendant was found not guilty.

Pursuant to South Carolina Code of Laws § 17-1-40, the charge(s) against the defendant was dismissed as a part of a plea agreement.

Successful Completion of Pre-Trial Intervention Program

Pursuant to South Carolina Code of Laws § 17-22-150, the defendant successfully completed the Pre-Trial Intervention Program. No person has any rights under this section more than one time.

Successful Completion of the Alcohol Education Program

Pursuant to South Carolina Code of Laws § 17-22-530, the defendant successfully completed the Alcohol Education Program. No person has any rights under this section more than one time.

Fraudulent Checks

Pursuant to South Carolina Code of Laws § 34-11-90(e), the defendant was convicted of a first offense misdemeanor under the Fraudulent Check Law and no additional criminal convictions have taken place in one year from the date of conviction. No person has any rights under this section more than one time.

Simple Possession of Marijuana

Pursuant to South Carolina Code of Laws § 44-53-450(b), the defendant was charged with first offense simple possession of marijuana or hashish and received a conditional discharge and has successfully complied with the terms set forth by the court.

First Offense Convictions (with exceptions noted below)

Pursuant to South Carolina Code of Laws § 22-5-910, the defendant was convicted of a first offense for a crime carrying a penalty of not more than thirty days imprisonment or a fine of five hundred dollars or both. The defendant may be eligible for an expungement after three years from the date of conviction if there are no additional criminal convictions.

However, this section does not apply to:

1. an offense involving the operation of a motor vehicle;
2. a violation of title 50 (Fish, Game and Watercraft) or the regulations promulgated pursuant to Title 50 for which points are assessed, suspension provided for or enhanced penalties for subsequent offenses are authorized
3. a conviction of criminal domestic violence where the defendant has had no other convictions for a period of five years from the date of the original conviction.

If the defendant has no other conviction during the three-year period after the first offense or during the five-year period for a criminal domestic violence conviction, following a first conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of five hundred dollars or both, the circuit court may issue an order expunging the record. No person may have his record expunged under this section more than once.

Youthful Offender Act

Pursuant to South Carolina Code of Laws § 22-5-910, the defendant was convicted as a youthful offender and no other criminal conviction has taken place during a five- year period following the first offense conviction as a youthful offender. No person may have his record expunged under this section more than once.

However; this section does not apply to:

1. a violation of title 50 (Fish, Game and Watercraft) or the regulations promulgated pursuant to Title 50 for which points are assessed, suspension provided for or enhanced penalties for subsequent offenses are authorized
2. an offense classified as a violent crime in § 16-1-60 or to an offense contained in Chapter 25, Title 16,except as otherwise provided in § 16-25-30.

Failure to Stop For A Blue Light

Pursuant to South Carolina of Laws § 56-5-750 (f) , the defendant was convicted of a misdemeanor first offense failure to stop motor vehicle and no additional criminal conviction has taken place for three years after completion of the sentence. No person may have his record expunged under this section more than once.

Expungement Application