Expunging a Criminal Record in South Carolina (2026)
Reviewed by DocDraft Legal Team · South Carolina · Last updated August 19, 2026
South Carolina calls its record-clearing relief expungement, which destroys the record of an eligible charge or conviction, under S.C. Code 17-22-910 and following. Charges that end in a not-guilty verdict, dismissal, or nolle prosse are eligible, and dismissals in summary court are expunged automatically at no cost. First-offense misdemeanors that carry no more than 30 days or a $1,000 fine, and first-offense simple drug possession, can be expunged three years after the sentence is complete if you have no other convictions. Serious and violent offenses and DUI cannot be expunged. Most applications are filed through the Solicitor's Office in the judicial circuit where the charge arose, and the State Law Enforcement Division (SLED) updates the record.
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What record-clearing relief does South Carolina offer, and what is it called?
South Carolina calls it expungement, under S.C. Code 17-22-910 and following. A granted expungement destroys the record of the charge or conviction rather than merely sealing it. Most applications are processed by the Solicitor's Office in the circuit where the charge arose, and SLED updates the state repository.
What can be expunged in South Carolina, and what is the waiting period?
Dismissals, acquittals, and nolle-prossed charges are eligible, with summary-court dismissals expunged automatically. First-offense misdemeanors carrying up to 30 days or a $1,000 fine, and first-offense simple drug possession, are eligible three years after the sentence is complete if you have no other conviction.
Can you expunge a felony in South Carolina?
Only in narrow situations. Most felony convictions cannot be expunged in South Carolina. Limited exceptions include first-offense drug possession with intent to distribute after three years and certain Youthful Offender Act convictions. Serious and violent offenses listed in S.C. Code 16-1-60 and 16-1-70 are permanently excluded from expungement.
Does South Carolina have automatic clean-slate sealing?
Only partially. Since June 2, 2009, summary-court charges that end in a dismissal, acquittal, or nolle prosse are expunged automatically at no cost under S.C. Code 17-22-950. South Carolina has no broad automatic clean-slate system for convictions, which still require an application through the Solicitor's Office.
South Carolina Expungement: Eligible Offenses, the Three-Year Waits, and the Solicitor Process
South Carolina's record-clearing relief is expungement under S.C. Code 17-22-910 and following, which destroys the record of an eligible charge or conviction rather than just hiding it. Charges ending in a not-guilty verdict, dismissal, or nolle prosse are eligible, and since June 2, 2009 those disposed in summary court (magistrate and municipal) are expunged automatically at no cost under S.C. Code 17-22-950. On the conviction side, a first-offense misdemeanor carrying no more than 30 days in jail or a $1,000 fine can be expunged three years after the sentence is complete, provided you have no other conviction during that time. A first-offense simple drug possession conviction is eligible three years after completing the sentence, and first-offense possession with intent to distribute becomes eligible after a longer period, both requiring a clean record in the interim. A first-offense misdemeanor fraudulent check, a conditional discharge or completed pre-trial intervention under S.C. Code 17-22-150, and certain Youthful Offender Act convictions are also eligible. Serious and violent offenses under S.C. Code 16-1-60 and 16-1-70 are permanently excluded, and DUI and most traffic offenses cannot be expunged. Applications for conviction expungement are filed through the Solicitor's Office in the judicial circuit where the charge originated, which determines eligibility and coordinates the order, and the State Law Enforcement Division (SLED) updates the state criminal history.
Relevant Laws
South Carolina Expungement Statute (S.C. Code 17-22-910)
Lists the offenses and dispositions eligible for expungement and directs that applications be administered through the Solicitor's Office in each judicial circuit. Covers dismissals, first-offense misdemeanors, first-offense drug possession, fraudulent checks, and conditional discharges.
Automatic Expungement of Summary-Court Dismissals (S.C. Code 17-22-950)
Requires summary courts to expunge charges disposed by not-guilty verdict, dismissal, or nolle prosse. Since June 2, 2009 these summary-court dispositions are expunged automatically at no cost, which is South Carolina's narrow clean-slate mechanism.
Eligibility and Waiting Periods for Conviction Expungement
First-offense misdemeanors carrying no more than 30 days or a $1,000 fine, and first-offense simple drug possession, are eligible three years after the sentence is complete with no other conviction. Pre-trial intervention completion under 17-22-150 allows expungement of the related charge.
No General Federal Expungement of State Records
There is no general federal law to expunge a South Carolina state conviction; record-clearing is governed by state law under S.C. Code 17-22-910 and following. Serious and violent offenses listed in S.C. Code 16-1-60 and 16-1-70 are permanently excluded from expungement.
Regional Variances
South Carolina Expungement Eligibility Table
Relief type and name
South Carolina offers expungement under S.C. Code 17-22-910 and following, which destroys the record of an eligible charge or conviction rather than merely sealing it. Most applications are processed by the Solicitor's Office in the circuit where the charge arose, and SLED updates the state repository.
Dismissals, acquittals, and nolle prosse
Eligible with no waiting period. Charges ending in a not-guilty verdict, dismissal, or nolle prosse can be expunged, and those disposed in summary court (magistrate or municipal) are expunged automatically at no cost since June 2, 2009 under S.C. Code 17-22-950.
First-offense misdemeanor and drug possession, plus 3-year wait
A first-offense misdemeanor carrying no more than 30 days or a $1,000 fine is eligible three years after the sentence is complete with no other conviction. First-offense simple drug possession is likewise eligible three years after completing the sentence; possession with intent to distribute requires a longer waiting period.
Solicitor and SLED process
Conviction expungement applications are filed through the Solicitor's Office in the judicial circuit where the charge originated, which confirms eligibility and routes the order for a judge's signature under S.C. Code 17-22-910. Once signed, the State Law Enforcement Division (SLED) and arresting agencies destroy the record.
Excluded offenses
Serious and violent offenses listed in S.C. Code 16-1-60 and 16-1-70 cannot be expunged, and DUI and most traffic offenses are excluded. Only a DUI or traffic charge that ends without a conviction can be cleared. Eligibility is based on the offense actually pled to or convicted, not the offense originally charged.
Clean-slate status
South Carolina has no broad automatic clean-slate sealing for convictions. The only automatic relief is expungement of summary-court dismissals, acquittals, and nolle-prossed charges under S.C. Code 17-22-950. Conviction expungement still requires an application and fee through the Solicitor's Office.
Suggested Compliance Checklist
Confirm the offense is eligible and the waiting period has run
Before you file days after startingCheck the charge against S.C. Code 17-22-910. Dismissals qualify immediately, while a first-offense misdemeanor up to 30 days or $1,000, or first-offense drug possession, needs three years from sentence completion with no other conviction. Rule out serious or violent offenses under 16-1-60 and 16-1-70 and DUI, which cannot be expunged.
Order your SLED criminal history
Early, before preparing the application days after startingRequest your South Carolina State Law Enforcement Division rap sheet to confirm the exact charge, disposition, and any later conviction that would disqualify you. Verifying your full record first prevents a rejected application and confirms the three-year clock has run from the date your sentence, including probation, was completed.
Prepare the expungement application
After confirming eligibility days after startingComplete the state expungement application (Form SCCA/223) for charges processed through General Sessions and the Solicitor's Office. Confirm which court disposed of the charge, since summary-court dismissals are generally handled automatically. The Solicitor's Office in your circuit provides the correct packet and instructions.
File with the Solicitor's Office and pay or address the fee
When the application is complete days after startingSubmit the application to the Solicitor's Office in the judicial circuit where the charge originated, with the statutory expungement fee (commonly cited near $250 plus SLED and filing fees). Automatic summary-court expungements carry no fee. Ask the Solicitor's Office about any available fee relief before filing.
Confirm the signed order and updated record
After the judge signs the order days after startingObtain a certified copy of the signed expungement order and confirm SLED, the arresting agency, and the courts have destroyed the record. Note that some law enforcement and licensing authorities may retain limited access. An attorney can help if your eligibility is unclear or an agency has not updated the record.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the offense is eligible and the waiting period has run | Check the charge against S.C. Code 17-22-910. Dismissals qualify immediately, while a first-offense misdemeanor up to 30 days or $1,000, or first-offense drug possession, needs three years from sentence completion with no other conviction. Rule out serious or violent offenses under 16-1-60 and 16-1-70 and DUI, which cannot be expunged. | - | Before you file |
| Order your SLED criminal history | Request your South Carolina State Law Enforcement Division rap sheet to confirm the exact charge, disposition, and any later conviction that would disqualify you. Verifying your full record first prevents a rejected application and confirms the three-year clock has run from the date your sentence, including probation, was completed. | - | Early, before preparing the application |
| Prepare the expungement application | Complete the state expungement application (Form SCCA/223) for charges processed through General Sessions and the Solicitor's Office. Confirm which court disposed of the charge, since summary-court dismissals are generally handled automatically. The Solicitor's Office in your circuit provides the correct packet and instructions. | - | After confirming eligibility |
| File with the Solicitor's Office and pay or address the fee | Submit the application to the Solicitor's Office in the judicial circuit where the charge originated, with the statutory expungement fee (commonly cited near $250 plus SLED and filing fees). Automatic summary-court expungements carry no fee. Ask the Solicitor's Office about any available fee relief before filing. | - | When the application is complete |
| Confirm the signed order and updated record | Obtain a certified copy of the signed expungement order and confirm SLED, the arresting agency, and the courts have destroyed the record. Note that some law enforcement and licensing authorities may retain limited access. An attorney can help if your eligibility is unclear or an agency has not updated the record. | - | After the judge signs the order |
Frequently Asked Questions
South Carolina charges a statutory filing fee for most expungement applications processed through the Solicitor's Office, commonly cited at $250 plus a SLED verification fee and a filing fee, for a total often near $310. Charges that qualify for automatic expungement, such as summary-court dismissals, carry no fee. Ask your Solicitor's Office to confirm the current amounts.
After you file with the Solicitor's Office, processing commonly takes several months because the office must verify eligibility, obtain agency sign-offs, and route the order for a judge's signature. Timelines vary by circuit and caseload. Once the judge signs the order, SLED and the arresting agencies then update or destroy the record, which adds additional time.
An expungement in South Carolina destroys the record for most purposes, but it is not always a complete erasure. Solicitors and law enforcement may retain a nonpublic record for limited uses, such as evaluating a future first-offense expungement request, and some licensing, federal, and immigration authorities may still access the information. Certain regulated fields can require disclosure.
Generally yes for the expunged charge. Once an offense is expunged in South Carolina, the record is destroyed and you may usually answer that you have not been charged with or convicted of that offense on most job applications. Exceptions exist for certain law enforcement, government, and licensing positions that can require disclosure, so confirm before answering.
No. A DUI conviction cannot be expunged in South Carolina, and most traffic offenses are also excluded from expungement. Only a DUI charge that ends without a conviction, such as a dismissal or not-guilty verdict, can be cleared. Serious and violent offenses under S.C. Code 16-1-60 and 16-1-70 are likewise permanently excluded from expungement.
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