How to Get a Felony Expunged in South Carolina

Yes, it’s possible to expunge a conviction in South Carolina under specific conditions. However, not all felonies qualify for expungement. Criminal offenses such as those that require sex offender registration, felonies involving death, felony assault, and felony domestic assault are all generally ineligible for expungement under South Carolina law.

Understanding the felony expungement process in South Carolina requires a grasp of criminal cases and convictions. In short, a criminal conviction is a formal judgment of guilt issued by a court against an individual.

Having a conviction on your record can pose various challenges, including:

• Limiting your employment opportunities
• Hindering your ability to obtain professional licenses
• Making it difficult for you to secure housing, as landlords often check criminal records and might reject rental applications based on past convictions
• Restricting your access to education, as some institutions may deny admission or financial aid to those with criminal records
• Affecting your voting rights in local or national elections
• Impacting your right to obtain or carry a firearm

Even without a formal conviction, the record of your arrest and prosecution will typically remain on your criminal record, potentially affecting your life similarly to being formally convicted. As such, South Carolina allows individuals who were not convicted, including those with felony charges, to seek an expungement.

Factors Influencing Felony Expungement

There are numerous different factors that may impact your ability to get a felony expungement in South Carolina, including:

• Type of Felony: South Carolina law distinguishes between violent and nonviolent felonies when considering expungement
  • Nonviolent felonies, such as fraud, theft, and certain property crimes, are more likely to be eligible for expungement
  • However, serious offenses like violent crimes, sex offenses, felonies involving death, and domestic violence are generally excluded from expungement eligibility
• Completion of Sentence: In order to be considered for expungement, you must have completed all aspects of your sentence, which includes serving any jail or prison time, fulfilling probation or parole requirements, and completing any court-ordered rehabilitation programs
• Waiting Period: After completing your sentence, you must wait for a specific period before applying for expungement
  • For nonviolent felonies, this waiting period is typically five years from the date of conviction or the completion of the sentence, whichever is later
• Criminal History: Your overall criminal history will also be taken into account when evaluating your expungement application
  • If you have subsequent convictions or pending charges, it may negatively affect your eligibility
• Fines and Restitution: All court-ordered fines, fees, and restitution must be paid in full before you can apply for expungement
• Youthful Offender Act (“YOA”): South Carolina has provisions under the Youthful Offender Act for individuals aged 17 to 24
  • If you were convicted under this act, you might have additional eligibility criteria for expungement, as the YOA aims to provide younger individuals with a second chance by offering expungement options for certain offenses
• Out-of-State Convictions: If you have convictions from other states, these will also be considered during the expungement process
• Compliance with Sentencing Conditions: Demonstrating that you have adhered to all sentencing conditions and have shown genuine rehabilitation is crucial
  • This includes maintaining good behavior, staying out of legal trouble, and positively contributing to your community

By meeting all of the above criteria, you will improve your chances of successfully obtaining a felony expungement in South Carolina. It is important to keep in mind that each case is unique, and it is recommended to consult with an attorney as they can provide you with personalized guidance based on your specific circumstances.

Which Felonies Can Be Expunged?

As noted above, only certain nonviolent felonies in South Carolina are eligible for expungement, and only if specific criteria are met. Eligible felonies often include criminal offenses like fraud, theft, and certain property crimes, as long as they do not involve physical harm to others. The following is a general summary of felonies eligible for expungement:

• Nonviolent Felony Offenses: These include crimes such as fraud, theft, and certain property crimes
  • It is important to note that the absence of physical harm to others is a critical factor in whether or not the criminal offense is eligible for expungement
• Drug Felonies: Certain drug offenses, particularly simple possession offenses like marijuana possession, may qualify for expungement
  • However, distribution or trafficking offenses are generally not eligible
• Youthful Offender Act: Convictions under the Youthful Offender Act for individuals aged 17 to 24 may be eligible for expungement, provided the offenses are not punishable by life imprisonment or death

The Process of Expunging a Felony

Under South Carolina law, the general process of expunging a felony is as follows:

• Check Eligibility: First, you must confirm that your felony conviction qualifies for expungement under South Carolina laws
• Complete Sentence Requirements: Next, you must ensure you’ve fulfilled all aspects of your sentence, including any jail time, probation, parole, or rehabilitation programs
• Observe Waiting Period: You must then wait for the required period, usually five years from the date of conviction or sentence completion, whichever is later
• Gather Documentation: It is important to collect all necessary documents, such as your criminal record, sentencing sheet, proof of sentence completion, and any other required paperwork
• Get an Application: You should then obtain an expungement application from the solicitor’s office in the area where the charge originated or from the South Carolina Judicial Branch website
• Fill Out the Application: You then need to complete the application with all required information and attach the necessary documents
• Submit the Application: You must then send the filled-out application to the appropriate court and pay any required fees
• Attend Court Hearing: In some cases, you may also need to attend a court hearing where a judge will review your application and decide whether or not to grant the expungement
• Receive Expungement Order: If approved, you’ll receive an order to seal or destroy the records of your arrest, charge, and/or conviction
• Notify Relevant Agencies: Finally, you must then ensure that all relevant agencies and entities are informed of the expungement order so they can update their records

Although it is not a requirement to have a lawyer to apply for expungement, consulting with a local South Carolina lawyer is often recommended as they can provide personalized guidance and improve your chances of success.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

Expunging a felony in South Carolina involves sealing or destroying the records of your arrest, charge, and conviction. This means that they are removed from public access. However, this does not mean that they are totally erased.

Instead, the expunged felony will no longer appear on background checks conducted by employers, landlords, educational institutions, or the general public. However, certain law enforcement and government agencies may still have access to your expunged records for specific purposes, such as investigations or background checks for sensitive positions.

Importantly, you can legally state that you have not been convicted of the expunged felony when asked by employers, landlords, or educational institutions. There are some exceptions to that though. Some professional licensing boards and certain employers, especially in fields that require high security or trust, may still have the right to inquire about your expunged records.

Which Felonies Are Not Eligible for Expungement?

In South Carolina, the following felonies are generally not eligible for expungement:

• Violent Felonies: Criminal offenses involving physical harm or threat of harm to others, such as murder, manslaughter, and aggravated assault
• Sex Offenses: Crimes that require registration as a sex offender
• Felonies Involving Death: Any felony that resulted in the death of another person
• Felony Domestic Assault: Serious domestic violence offenses
• Distribution or Trafficking Offenses: Drug-related felonies involving the distribution or trafficking of controlled substances

Do I Need an Attorney for Help With Felony Expungement?

If you have been charged with or convicted of a felony in South Carolina and are considering seeking an expungement, it is highly recommended to consult with a South Carolina expungement lawyer. LegalMatch can assist you with arranging an initial legal consultation with a local South Carolina lawyer near you.

An expungement lawyer can provide you with invaluable guidance through South Carolina’s specific laws and procedures regarding felony expungement. They will be able to ensure that you meet the eligibility criteria, such as completing your sentence, adhering to the required waiting period, and having a qualifying offense.

Further, by understanding the nuances of the law, an experienced lawyer can help you navigate potential pitfalls and increase your chances of a successful expungement. They can also assist you in preparing and filing all the necessary legal documents. This includes gathering required records, filling out the expungement application, and submitting it to the appropriate court. Proper documentation and filing are crucial to avoid any delays or denials.

Finally, your lawyer can also represent you at any court hearings related to your expungement application. They will be able to present your case, address any concerns raised by the court, and advocate on your behalf to demonstrate your eligibility and rehabilitation. Having professional representation can significantly improve your chances of obtaining an expungement.