Although getting a criminal conviction can be trying, certain offenses can be expunged from a person’s record after a period of time. Our criminal defense lawyers in Fort Mill, South Carolina often assist our clients with getting their records expunged after a successful resolution of their criminal charges.
What is an expungement in South Carolina ?
An expungement is a court order that directs state agencies to remove something from a person’s criminal record. This means a person’s arrest record could be erased from the public record as if it never happened. An expungement may also be referred to as an Order for Destruction of Arrest Records, which as it sounds, compels the applicable county, municipal, and stage agencies to destroy a person’s mug shot, fingerprints, and booking paperwork incident to an arrest.
What South Carolina crimes can be expunged?
Some criminal offenses can be expunged after three years if the person has no other convictions on his or her record. These include:
- Any first offense conviction in South Carolina magistrate’s court that does not carry a penalty of more than 30 days imprisonment or a $1000 fine (simple possession of marijuana, shoplifting first offense, assault and battery 3rd degree, etc.)
- Failure to stop for a blue light, first offense
- Fraudulent check, first offense
Other programs completed with one’s sentence can lead to a criminal charge being expunged as well. These include:
- Pretrial Intervention (PTI)
- Conditional discharge for simple possession of marijuana
- Youthful Offender Act
- Juvenile Offenses if the individual doesn’t have a prior conviction for something that would carry 5 years or less if he or she was charged as an adult
- Alcohol Education Program
Having your criminal charges nolle prossed, dismissed, or result in a not guilty verdict, of course, also makes you eligible for an expungement. However, expungements do not happen automatically and can be a tricky process to attempt on your own.
South Carolina Lawyers for Criminal Expungements
While we strongly advise contacting us for representation BEFORE you receive a criminal conviction, the South Carolina criminal defense lawyers at Nosal & Jeter, LLP also assist clients seeking expungements of criminal charges from their record. Everyone deserves a second chance and if you are facing life or employment difficulties because of past criminal charges on your record, you could be eligible to have those charges expunged.
If you need an attorney for an expungement of criminal charges in South Carolina, contact us today at (803) 351-3597.