Having a criminal record can create long-term barriers to employment, housing, and even education. Fortunately, South Carolina law allows certain charges to be removed from your record through a process called expungement. If you qualify, an expungement can give you a clean slate and allow you to move forward without the shadow of a past mistake. In this article, the Clekis Law Firm in Charleston, South Carolina explains how the expungement process works, who qualifies, and what steps are involved.

What Is an Expungement?

An expungement is the legal process of erasing a criminal charge or conviction from your record. Once expunged, the offense no longer appears on background checks conducted by most employers, landlords, or schools. Legally, you can state that you were never arrested or charged for that offense. However, law enforcement and certain government agencies may still have access to expunged records under limited circumstances.

Why an Expungement Matters

Even minor criminal charges can have serious consequences. Employers routinely perform background checks, and a criminal record can be the deciding factor between being hired or rejected. Similarly, landlords, colleges, and even volunteer organizations often screen applicants. Expungement helps restore opportunities that might otherwise be out of reach.

For many individuals, it’s not just about employment or housing—it’s about reputation, dignity, and closure. The attorneys at Clekis.com understand how much an expungement can impact a person’s life and can help ensure the process is handled properly from start to finish.

Who Qualifies for an Expungement in South Carolina?

Not every crime can be expunged, but South Carolina law offers relief in several common situations. Below is a list of some instances that qualify for expungement: 

• You were found not guilty, or the charge was dismissed.
• You successfully completed a pre-trial intervention (PTI), alcohol education, or traffic education program.
• You were convicted of a first offense misdemeanor with a maximum penalty of 30 days or less in jail, and five years have passed since the conviction. During the five years, you did not receive any other convictions. 
• You received a conditional discharge for a first-time drug possession charge and successfully completed the program.
• You were convicted under the Fraudulent Check Law for a first offense and one year has passed without any new convictions.

Felonies, violent crimes, and most offenses involving weapons, sexual conduct, or serious bodily injury are not eligible for expungement in South Carolina.

How the Expungement Process Works

The process of clearing your record can seem complex, but an experienced criminal defense attorney can guide you through each step.

1. Determine Eligibility
The first step is confirming whether your charge or conviction qualifies under South Carolina law. This may require reviewing your court documents and criminal record. The attorneys at Clekis Law Firm can help you evaluate your eligibility quickly and accurately.

2. Obtain Required Documents
Next, you’ll need to gather documentation such as your arrest record, disposition of charges, and case summary. These documents can be obtained through the clerk of court or the South Carolina Law Enforcement Division (SLED).

3. File the Expungement Application
Once you’ve confirmed eligibility, you’ll submit an official expungement request to the Solicitor’s Office in the county where your charge was filed. The Solicitor reviews the application to ensure compliance with state statutes before forwarding it to SLED for verification.

4. Review by SLED and Court Approval
SLED conducts a background check to confirm you have no disqualifying offenses. After review, the Solicitor, SLED, and the court must all approve your expungement request. Once approved, the order is signed by a circuit court judge.

5. Destruction of Records
After the judge signs the order, copies are sent to law enforcement agencies, the court, and detention centers to destroy or seal all related records. At this point, your record is officially expunged.

How Long Does Expungement Take in South Carolina?

On average, the expungement process takes between three to six months, depending on the county and type of charge. Complex cases or incomplete documentation can delay the process. Working with a criminal defense lawyer familiar with Charleston County procedures can help prevent unnecessary setbacks.

What Does an Expungement Cost?

The cost of an expungement in South Carolina varies depending on the type of offense:

• No fee for dismissed charges or not guilty verdicts.
• $250 to $310 for most other expungements, including administrative and filing fees.

While you can technically file for expungement on your own, most people choose to work with a lawyer to ensure all paperwork and timelines are handled correctly. An attorney can also identify additional charges that might qualify for expungement and advocate on your behalf if there are questions about eligibility.

Common Mistakes to Avoid

Applying for an expungement without understanding the requirements can lead to delays or denials. Some common mistakes include:

• Submitting an application for an offense that is not eligible for expungement.
• Failing to pay all required court costs or restitution before filing.
• Not including all necessary documentation.
• Filing in the wrong jurisdiction.

Having legal counsel from Clekis.com ensures your expungement request is accurate and complete the first time.

Can Multiple Charges Be Expunged?

In some cases, yes. If multiple charges stemmed from the same incident and one of them qualifies for expungement, the court may remove all related charges. However, if the charges come from different incidents, each must be evaluated separately. A qualified criminal defense attorney can help you determine whether you qualify for multiple expungements under South Carolina law.

Life After Expungement

Once your record is cleared, you can confidently answer “no” when asked about prior arrests or convictions in most circumstances. Your name will no longer appear on public criminal databases, and background checks should show no record of the expunged charge. This can open new doors for employment, education, and housing that were previously closed.

Is an Attorney Necessary for an Expungement? 

At the Clekis Law Firm, we understand how one mistake can affect your future. Our Charleston criminal defense attorneys handle expungements regularly and are familiar with South Carolina’s detailed procedures. We can review your case, prepare the necessary documents, and guide you through the process from start to finish.

While anyone can apply for an expungement, determining whether or not you qualify for an expungement is a question that an attorney can answer for you.  Additionally, just because you qualify for an expungement, does not necessarily mean you should apply for one.  Why? South Carolina Expungement Laws limit the amount of expungements that one can obtain in one lifetime.  Therefore, making the decision to expunge a conviction is one that should be made with an attorney. 

Whether you were charged in Charleston, North Charleston, Summerville, or anywhere in the state of South Carolina, our firm can help you clear your record and move forward with confidence.

Contact Clekis Law Firm Today

If you believe you qualify for a criminal record expungement, don’t wait to take action. The sooner you start, the sooner you can put the past behind you. Visit Clekis.com or call our office to schedule a consultation with our South Carolina criminal defense attorney.

This article is for informational purposes only and does not constitute legal advice. For specific legal guidance, contact a licensed attorney at Clekis Law Firm.