EXPUNGEMENT

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Last revised: December, 2018

Your Guide to

EXPUNGEMENT

in South Carolina

Issued: August 2013 Revised: December 2018

Provided by:

The SC Center for Fathers and Families

is funded in part by:

Table of Contents

Step 1: What is expungement? Page 2

Step 2: Which type of expungement do I need? Page 4

Step 3: What are the requirements for my type of expungement? Page 6

Step 4: How do I apply for expungement? Page 16

Step 5: What happens after I get an expungement? Page 18

Disclaimer: You are encouraged to talk to an attorney before going forward with any legal process. See

Appendix 3 of this packet for information on how to get an attorney. Clerks of court, judges, or other

court staff cannot give you legal advice. This informational packet is not meant to provide legal advice

or counsel. This packet is only for South Carolina cases. Expungement is different in each state.

Expungement procedures and laws may be updated so the information in the packet is subject to change.

Make sure the packet you have is current.

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Step 1: What is expungement?

What does expungement do?

To get something expunged is to get it erased. By state law, you can apply to have certain

arrests, charges, or convictions erased from your criminal record. This is called an

expungement and is a court order that removes something from your criminal record.

How can an expungement help me?

Getting your record expunged can give you a better chance at getting a job or getting a

professional license because your charge or conviction will no longer be on your South

Carolina criminal record. Expungement can also help with getting housing and any other

area where a criminal record can be a problem.

What can be expunged?

South Carolina expungements can only erase South Carolina charges or convictions. If you

have a criminal record from another state you will have to find out what the laws are in that

state and apply for expungement there. In South Carolina, only certain kinds of charges or

convictions can be expunged. Typically, only minor offenses can be expunged. DUIs cannot

be expunged. Crimes where you registered for the SC Sex Offenders Registry cannot be

expunged. If you have other pending criminal charges that are less than five years old you

cannot get an expungement. This packet will explain the different types of expungement

and help you determine if you might be eligible for expungement.

How does an expungement happen?

To get a record expunged you should:

• learn what expungement is. This guide helps you do that.

• figure out if your charge or conviction can be expunged. Not all crimes can be expunged from

your record. If your charge or conviction cannot be expunged you can look at getting a pardon

instead.

• see what the requirements are for the type of expungement that matches your situation. Each type

of expungement has its own set of requirements.

• start the application process. Expungements can be free or can cost up to $310. How much it will

cost will depend on the type of expungement you get. Some solicitors may have funding to cover

up to half of the cost. These funds may be limited and are available on a first come first serve

basis.

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You do not have to have a lawyer for expungement. If you apply for an expungement on your own without

a lawyer's help, you will be called a “self-represented litigant.” This is also called proceeding pro se

(pronounced “pro say”). Both terms mean that you have decided to be your own lawyer.

Expungement can give you a fresh start. Expungement can also be complicated. This packet is meant to

guide you through the process, but it cannot cover all situations. If you hit a roadblock, please ask for

help. The additional resources page gives you suggestions on whom to contact for help. The next section

will show the different types of expungement and help you decide if you match one of the types.

Note: The process described in this packet is for adult record expungement. Juvenile record

expungement is similar, but not the same. Information about juvenile record expungement can be

obtained from the South Carolina Center for Fathers and Families, from the solicitor's office, or from

the South Carolina Department of Juvenile Justice.

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Step 2: What type of expungement do I need?

There are ten types of charges or convictions that may be eligible for expungement. Review the

information below to see if your record matches one of the types. If you find a match, go to the page

listed to learn more about that type of expungement. These apply retroactively. This means that even if

the offense was not expungable when you were convicted, if it is now expungable and you meet the

requirements then you are eligible.

Type 1

not convicted

The charge was dismissed, not prosecuted (nolle prossed),

or you were found not guilty. Go to page 6.

Type 2

completed PTI

You successfully completed a

Pre-Trial Intervention Program (PTI). Go to page 7.

Type 3

completed TEP

You successfully completed a

Traffic Education Program (TEP). Go to page 8.

Type 4

completed AEP

You successfully completed an

Alcohol Education Program (AEP). Go to page 8.

Type 5

fraudulent check

You were convicted of a first offense misdemeanor for writing a fraudulent check AND in

the one year since you were convicted, you have not been convicted of another criminal

charge. Go to page 9.

Type 6

simple possession

You have a record of first offense misdemeanor drug possession, you received a

conditional discharge, AND you successfully completed the terms of the discharge. Go to

page 10.

Type 7

general misdemeanor

You were convicted of a crime with a maximum penalty of 30 days or $1000 AND in the

three years since you were convicted, you have not been convicted of another criminal

charge. OR five years without a conviction have passed since you were convicted of

domestic violence in the third degree (previously known as CDV). Go to page 11.

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Type 8

youthful offender

You were convicted of a first offense under the Youthful Offender Act (YOA) AND you

have not been convicted of another criminal charge in the five years since you completed

your sentence. Go to page 12.

Type 9

failure to stop

You were convicted of first offense failure to stop your vehicle for the police AND you

have not been convicted of another criminal charge in the three years since you completed

your sentence. Go to page 13.

Type 10

human trafficking victim

You were a victim of human trafficking convicted of trafficking in persons OR

prostitution AND your participation in the offense was a direct result of being a victim. Go

to page 14.

Type 11

Simple Possession or

PWID

You were convicted of a first offense simple possession and in the 3 years since completing

your sentence have had no convictions. OR if it is your first offense Possession With Intent

to Distribute, 20 years from completion of your sentence and no convictions in that time.

Go to page 15.

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Step 3: What are the requirements for my type of expungement?

Type 1

Not Convicted

This type of expungement is only for records where there was no conviction.

This is the easiest and

cheapest (it's free!) type of expungement. There are three types of records that can be expunged under

this law:

❑ A charge that was discharged or nolle prossed (not prosecuted).

❑ A charge that was dismissed.

❑ A charge where the person was found not guilty.

Important things you need to know about this type of expungement:

• It is free, unless your convictions were part of a plea bargain. If so, the regular fees may apply.

• If you meet the requirements, the court must expunge your record.

• This type of expungement does not apply to verdicts of “not guilty by reason of insanity.”

Other helpful information:

• This type of expungement is for non-conviction records from higher courts like the Court of

General Sessions. If you have a non-conviction record from a Summary Court, like Magistrate

Court or Municipal Court, from before June 2, 2009, you will have to apply to those courts for

an expungement. For non-conviction records from June 2, 2009, or after: if you were not

fingerprinted, you will need to apply to the appropriate Summary Court for an expungement;

however, if you were fingerprinted, the record should have been expunged automatically, but

you should check your record to be sure. Contact the Clerk of Court in that Summary Court’s

county for more information. The application to apply for an expungement in Summary Court

can be found at www.sccourts.org/forms/pdf/SCCA223E.pdf. The appropriate court order can be

found at www.sccourts.org/forms/pdf/SCCA223B.pdf.

• Certain state and local agencies (like detention centers) may keep a sealed record for three years

after you get this type of expungement. Those records may only be disclosed by court order or

through a lawsuit. Anyone else who keeps a record that was supposed to be expunged is guilty of

contempt of court. Law enforcement and prosecution agencies may keep the information

indefinitely for certain purposes, while detention and correctional facilities must destroy the

records after three years and one hundred twenty days, unless there is a valid reason to keep the

records.

If you get this type of expungement, the court order will say:

§ 17-1-40. The charge was dismissed, nolle prossed or the defendant was found not guilty on

______________.

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

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Type 2

Completed PTI

This type of expungement is only for people who have successfully finished doing everything required

by a pretrial intervention program. To get your record expunged:

❑ You must have successfully completed a pretrial intervention program. Upon completion of

the program, the solicitor should have marked your charge as not prosecuted (nolle prossed).

❑ The PTI Director must confirm that you have completed your program and are eligible.

There is one important effect of this type of expungement:

• After the expungement process is completed, you will not have to admit to the charge you had

expunged if you are asked about your record. This only applies to the part of your record you

have expunged, not to any other charges or convictions.

If you get this type of expungement, the court order will say:

§ 17-22-150(a). The charge was nolle prossed on ______________ by the Solicitor because the

defendant successfully completed the Pre-Trial Intervention Program. (PTI Director must attest to

eligibility for expungement).

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

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Type 3

Completed TEP

This type of expungement is only for people who have successfully finished doing everything required

by a traffic education program. To get your record expunged:

❑ You must have successfully completed a traffic education program. Upon completion of the

program, the solicitor should have marked your charge as not prosecuted (nolle prossed).

❑ The TEP Director must confirm that you have completed your program and are eligible.

If you get this type of expungement, the court order will say:

§ 17-22-330(A). The charge was nolle prossed on ______________ by the Solicitor because the

defendant successfully completed the Traffic Education Program. (TEP Director must attest to

eligibility for expungement).

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

Type 4

Completed AEP

This type of expungement is only for people who have successfully finished doing everything required

by an alcohol education program. To get your record expunged:

❑ You must have successfully completed an alcohol education program. Upon completion of the

program, the solicitor should have marked your charge as not prosecuted (nolle prossed).

❑ The AEP Director must confirm that you have completed your program and are eligible.

If you get this type of expungement, the court order will say:

§ 17-22-530(A). The charge was nolle prossed on ______________ by the Solicitor because the

defendant successfully completed the Alcohol Education Program. (AEP Director must attest to

eligibility for expungement).

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

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Type 5

Fraudulent Check

This type of expungement is only for people who have been convicted of writing a fraudulent check as a

first offense misdemeanor. To get your record expunged:

❑ The conviction you want to expunge must have been a first offense fraudulent check

misdemeanor.

❑ One year has passed since your conviction.

❑ During that year you have had no other convictions, including out of state convictions

Important things you need to know about this type of expungement:

• The conviction of a minor traffic-related offense punishable only by a fine or loss of points does

not prevent expungement.

• This type of expungement cannot be used to remove a felony fraudulent check charge. Fraudulent

check writing is a felony if the check is written for more than $5000.

• If you meet the requirements, the court must grant the expungement.

• You can only get one expungement under the fraudulent check type. The state will keep a non-

public record of what you have expunged so they can check your history if you apply again.

Other helpful information:

For this type of expungement, a guilty plea, a no contest (nolo contendere) plea, or the forfeiture of bail

all count as a “conviction.”

If you get this type of expungement, the court order will say:

§ 34-11-90(e). The defendant was convicted of a first offense misdemeanor under the fraudulent

check law on ______________ and no additional criminal conviction as defined by § 34-11-90(e)

has taken place in one year from date of conviction.

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

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Type 6

Simple Possession

This type of expungement is only for people who have been given a conditional discharge for a first

offense drug possession charge. You must have completed all the terms of the conditional discharge,

which may have included getting drug treatment or doing community service. To get your record

expunged:

❑ The record you want to expunge must have been a first offense misdemeanor for drug

possession.

❑ You must have received a conditional discharge from the court.

❑ You must have fulfilled all of the terms of the discharge.

Important things you need to know about this type of expungement:

• If you meet the requirements, the court must grant the expungement.

• The state will keep a non-public record of your expungement so that they can check your history

in case of a new charge. By law, you can only receive one conditional discharge.

• After the expungement process is completed, you will not have to admit to the charge you had

expunged if you are asked about your record. This only applies to the part of your record you

have expunged, not to any other charges or convictions.

If you get this type of expungement, the court order will say:

§ 44-53-450(b). The defendant, who has not previously been convicted of any offense under Article

3, Chapter 53, Title 44 or any offense under any state or federal statute relating to marijuana,

stimulant, depressant, or hallucinogenic drugs, successfully completed all terms of and received a

conditional discharge of possession of a controlled substance under Section 44-53-370(c) and (d),

or Section 44-53-375(A).

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

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Type 7

General Misdemeanor

This type of expungement covers misdemeanors that have a maximum sentence of $1000 and/or 30 days,

as well as first offense domestic violence in the third degree. To get your record expunged:

❑ The conviction you want to expunge must be a first offense of a misdemeanor.

❑ The misdemeanor must have a maximum possible sentence of $1000 and/or 30 days.

❑ Three years has to have passed since your conviction or five years if it was for first offense

domestic violence in the third degree.

❑ During those three years you had no other convictions, including out of state convictions.

❑ The Summary Court Judge must confirm that your charge is eligible for expungement.

Important things you need to know about this type of expungement:

• Please note that convictions for domestic violence in the third degree before June 4, 2015, were

called criminal domestic violence (CDV).

• The conviction of a traffic-related offense punishable only by a fine or loss of points does not

prevent expungement.

• You can only get one expungement under the general misdemeanor type. The state will keep a

non-public record of what you have expunged so they can check your history if you apply again.

• If you have multiple offenses coming from the same incident and received sentencing for them at

the same time, they may count as one conviction for expungement

Other helpful information:

• You will have to find out what the maximum sentence is for your offense. For example, you may

have been sentenced to 30 days, even though the judge could have given you 60 days by law.

Check the additional resources page to find out who can help you look up this information if you

do not know.

• For this type of expungement, a guilty plea, a no contest (nolo contendere) plea, or the forfeiture

of bail all count as a “conviction.”

• There are some convictions that cannot be expunged by this type. These are the exceptions:

- An offense involving the operation of a motor vehicle (Title 56).

- An offense contained in Chapter 25, Title 16, which includes all domestic violence offenses,

except for first offense domestic violence in the third degree.

If you get this type of expungement, the court order will say:

§ 22-5-910. The defendant was convicted of a first offense in magistrate, municipal or general sessions court

for a crime carrying a penalty of not more than 30 days imprisonment or a fine of $1,000, or both, on

______________, that offense did not involve an offense involving the operation of a motor vehicle, and no

additional criminal conviction as defined by §22-5-910 has taken place within three years from date of

conviction or five years from the date of conviction for first offense criminal domestic violence (conduct

occurring prior to June 4, 2015) or third degree domestic violence under §16-25-20. (Summary court judge

must attest to eligibility if disposed of in that court.)

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

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Type 8

Youthful Offender

This type of expungement is only for people who have been convicted under the Youthful Offender Act.

Your criminal record will identify a conviction under the Youthful Offender Act with a “YOA.” To get

your record expunged:

❑ The conviction you want to expunge must have been a first offense under the Youthful

Offender Act (YOA).

❑ Five years has to have passed since you completed your sentence. Completion of your sentence

includes finishing probation and parole.

❑ During those five years you had no other convictions, including out of state convictions.

Important things you need to know about this type of expungement:

• The conviction of a minor traffic-related offense punishable only by a fine or loss of points does

not prevent expungement.

• You can only get one expungement under the youthful offender type. The state will keep a non-

public record of what you have expunged so they can check your history if you apply again.

Other helpful information:

• For this type, a guilty plea, a no contest (nolo contendere) plea, or the forfeiture of bail all count

as a “conviction.”

• If you have multiple offenses coming from the same incident and received sentencing for them at

the same time, they may count as one conviction for expungement.

• If you were convicted of a crime covered by the Youthful Offender Act and would have been

eligible as a youthful offender (age 17 but less than 25), even if you were not sentenced under the

Youthful Offender Act, you may be eligible for this expungement if the crime occurred before

June 2, 2010.

• Some convictions cannot be expunged by this type. These are the exceptions:

- An offense involving the operation of a motor vehicle.

- An offense that is classified as a violent crime. You should not have been convicted as a

youthful offender if you committed one of these crimes.

- An offense contained in Chapter 25, Title 16, which includes all domestic violence offenses.

- An offense that requires registration under the South Carolina Sex Offender Registry Act.

If you get this type of expungement, the court order will say:

§ 22-5-920. The defendant was convicted of a first offense as a youthful offender on

____________________, that offense did not involve the exceptions enumerated in § 22-5-920, and

no additional criminal conviction as defined by §22-5-920 has taken place during a five-year period

following completion of his sentence, including probation and parole as a youthful offender.

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

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Type 9

Failure to Stop

This type of expungement is only for people who have been convicted of a first offense for failure to stop

for “blue lights.” This is the only traffic offense that can be expunged. To get your record expunged:

❑ The conviction you want to expunge must have been a first offense for failure to stop a motor

vehicle when signaled by law-enforcement vehicle.

❑ Three years has to have passed since you completed all of the terms and conditions of your

sentence.

❑ During those three years you can have had no other convictions, including out of state

convictions.

Important things you need to know about this type of expungement:

• The conviction of a minor traffic-related offense punishable only by a fine or loss of points does

not prevent expungement.

• You can only get one expungement under the failure to stop type. The DMV will keep a non-

public record of what you have expunged so they can check your history if you apply again.

• This type of expungement does not apply to any felonies. That includes second offense “failure

to stop for a law enforcement vehicle” and “failure to stop for a law enforcement vehicle” where

a death occurs.

If you get this type of expungement, the court order will say:

§ 56-5-750(F). The defendant was convicted of a misdemeanor first offense failure to stop motor

vehicle on _________________ and no additional criminal conviction has taken place for three

years after completion of the sentence.

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

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Type 10

Human Trafficking Victim

This type of expungement is only for people who are victims of human trafficking and, as a direct result

of being a victim, have been convicted for either human trafficking or prostitution. To get your record

expunged:

❑ You must be a victim of human trafficking.

❑ You must have been convicted of human trafficking, as defined in § 16-3-2020, OR you must

have been convicted of prostitution.

❑ Your participation in the offense(s) you wish to be expunged must be a direct result of being a

victim.

Important things to know about this type if expungement:

• Your record will inform you if you were convicted of human trafficking under § 16-3-2020 or if

you were convicted of prostitution.

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

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Type 11

Simple Possession/PWID

This type of expungement is only for people who have been convicted of simple possession or possession

with intent to distribute as a first offense. To get your record expunged:

❑ The conviction you want to expunge must have been a first offense simple possession or

possession with intent to distribute drugs conviction.

❑ 3 years has passed since completion of your sentence for simple possession or 20 years has

passed since completion of your sentence for your possession with intent to distribute conviction.

❑ During that time you have had no other convictions, including out of state convictions.

Important things you need to know about this type of expungement:

• The conviction of a minor traffic-related offense punishable only by a fine or loss of points does

not prevent expungement.

• You can only get one expungement under this type. The state will keep a non-public record of

what you have expunged so they can check your history if you apply again.

• If you have multiple offenses coming from the same incident and received sentencing for them at

the same time, they may count as one conviction for expungement

Other helpful information:

• For this type of expungement, a guilty plea, a no contest (nolo contendere) plea, or the forfeiture

of bail all count as a “conviction.”

If you think you fit the requirements, go to Step 4 on page 16 to learn how to apply for expungement.

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Step 4: How do I apply for expungement?

Getting an expungement is a step-by-step process. It is the job of the solicitor's office to help you with

this process. Each step will be explained below with the information you will need to know. This is

how it works:

What do I need to have?

What do I need to do?

You will need:

✓ your criminal record

✓ the application

✓ any required records

✓ three money orders

You will need to:

✓ get a copy of your criminal record from SLED

✓ figure out what type of expungement you will use

✓ get the application from the solicitor's office

✓ ask the solicitor's office what records you will need

✓ get the records and fill out the application

✓ get the required money orders

✓ submit the application and money orders to the solicitor's office

These steps give you the information you need to successfully get through the expungement process:

□ Step 1: Get a copy of your criminal record from SLED. This record will help you figure out

what you can get expunged and where you need to go to get it expunged. To get your record go to

www.sled.sc.gov and click “SLED Catch.” If you have problems, call the Records Check department

at (803) 896-1443. A SLED record costs $25.

□ Step 2: Figure out what type of expungement you will use. Use your criminal record to see

if you might be a match for one of the types of expungement listed in this packet. If you think you

might be able to get an expungement, now is a good time to figure out the cost (see next page) and

start saving money to pay the fees. Think about putting aside a little money each week.

□ Step 3: Get the application from the solicitor's office. To get a charge or conviction

expunged you must apply in the county where the charge or conviction was put on your record. Each

county is part of a circuit, and each circuit has a solicitor. This packet has a list of the counties and

solicitors to help you figure out which office to contact. Once you decide which solicitor's office to

contact, get a copy of their application for expungement. You may be able to print the application from

their webpage, get the application by fax, or you may need to go their office in person to get a copy.

The application should have a form you fill out for the solicitor's office, as well as the court order you

want the judge to sign. It is called an “Order for the Destruction of Arrest Records.”

□ Step 4: Ask the solicitor's office what records you will need. Each solicitor's office has a

person who handles expungements. See the list included in this packet. When contacting the

solicitor’s office, ask to talk to that person or someone else who can help you with an expungement.

Ask that person any questions you have, including what records or documents you will need to

complete your application and how to get them.

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□ Step 5: Get the records and fill out the application. Follow the instructions the solicitor's

office gives you for getting any records you need. Once you have the records, fill out the application

you got from the solicitor's office. Make sure everything is correct. The address you put on the

application will be where they send your expungement if you get it, so it is very important that this

address is one where you will get mail over the next few months.

□ Step 6: Get the required money orders. The money orders you need depend on the type of

expungement. No cash or personal checks are accepted. The table below shows the fees that are

charged for each type of expungement. Be sure to check with the solicitor's office to make sure these

are the fees they charge for your type of expungement.

Expungement Type

Solicitor Fee

SLED Fee

Clerk of Court Fee

Total Fees

1: Not Convicted*

No fee

None

2: Completed PTI

$250.00

No fee

$35.00

$285.00

3: Completed TEP

$250.00

No fee

$35.00

$285.00

4: Completed AEP

$250.00

No fee

$35.00

$285.00

5: Fraudulent Check

$250.00

$25.00

$35.00

$310.00

6: Simple Possession

$250.00

No fee

$35.00

$285.00

7: General Misdemeanor

$250.00

$25.00

$35.00

$310.00

8: Youthful Offender

$250.00

$25.00

$35.00

$310.00

9: Failure to Stop

$250.00

$25.00

$35.00

$310.00

10: Human Trafficking Victim

$250.00

$25.00

$35.00

$310.00

11. Simple Possession/PWID

$250.00

$25.00

$35.00

$310.00

Some solicitor's offices do not keep their fee until they know you are eligible, but they don't have to

do that. You should get the clerk of court fee back if you are not eligible.

You must have a separate money order for each fee.

□ Step 7: Submit the application and money orders to the solicitor's office. This is the last

step for you. Once you have completed the application and have the money orders you need, submit

them to the solicitor's office. The solicitor's office will then review your application and determine if

you are eligible. If you are, they will send your application to a judge. If the judge signs the order, you

will get a copy of it in the mail. Because your application has to be reviewed by several people, it

could take a few weeks or a few months for you to find out the result.

*The normal fees will be charged if your non-convictions were part of a plea bargain agreement.

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Step 5: What happens after I get an expungement?

After a judge has signed your expungement order there are still a few more things to do. These last few

steps will help make sure that your record has been erased everywhere.

First, make sure that the record you had expunged has been removed from your SLED record. To do

this, order another copy of your record from SLED. The contact information for SLED is in Step 1 on

page 13.

Second, check the public index to make sure the record is gone from there as well. You can find the

public index at www.sccourts.org/caseSearch. Click the county for the record you expunged and accept

the terms. You may have to choose which court the record was from and then type your name into the

form. Although you may see entries for other things (such as an eviction or traffic ticket) you should not

see the entry for the record you had expunged.

Third, make sure that your record has been expunged in commercial databases. Many employers and

landlords use commercial background check services. These services may not have the same records as

SLED, or keep their records up-to-date with expungement orders. To help fix this issue, send a copy of

your expungement order to the Foundation for Continuing Justice. Here's what to do:

1. Get a certified copy of your expungement order from the Clerk of Court in the county where your record

was expunged. This copy must be certified and must have a raised seal. Do not send the copy of your

expungement that you received in the mail after the judge signed it. Keep that copy for yourself.

2. Go to www.continuingjustice.org/our-projects/criminal-database-update/. Read through the page and

click “form” at the very bottom. Download the .pdf application. Print the application. Fill in the requested

information and mail the application and the certified copy of your expungement order to the address on

the application. It will take approximately one month for the Foundation for Continuing Justice to process

your application.

Note: Commercial background check services are not always as careful as government agencies like

SLED. There may be mistakes in a background check that they produce. Mistakes are most common on

the records of people with a common name.

Going forward...

Generally, after you have received an expungement you no longer have to admit to whatever you had

expunged. If what you had expunged was the only thing on your criminal record and a job application

asks you if you have a criminal record, you can now answer “no.” Only the laws for types 2 and 5

specifically say that you cannot be charged with perjury or giving a false statement for denying an

expunged record, but this is generally considered true.

There are certain special circumstances where you may have to disclose a record that has been expunged.

One situation could be applying to join the military. If you have questions about this issue, you may want

to talk to an attorney. Information about how to contact an attorney who can help you is in Appendix 3

of this packet.

Appendix 1: Finding the Right Solicitor's Office

You must apply for expungement through the solicitor's office in the county where the charge or conviction was put

on your record. Each solicitor's office handles two or more counties that form a judicial circuit. The lists below show the

counties by their circuit number and then the contact information for each circuit.

1: Calhoun, Orangeburg, Dorchester

2: Aiken, Barnwell, Bamburg

3: Lee, Sumter, Claredon, Williamsburg

4: Chesterfield, Marlboro, Darlington, Dillon

5: Kershaw, Richland

6: Chester, Lancaster, Fairfield

7: Spartanburg, Cherokee

8: Laurens, Newberry, Abbeville, Greenwood

9: Berkeley, Charleston

10: Oconee, Anderson

11: McCormick, Saluda, Lexington, Edgefield

12: Florence, Marion

13: Pickens, Greenville

14: Allendale, Colleton, Hampton, Jasper, Beaufort

15: Horry, Georgetown

16: York, Union

1st Circuit Solicitor: David M. Pascoe, Jr.

Mailing: 140 N. Main St., Suite 102, Summerville, SC 29483 Phone: 843-871-2640

Dorchester: 5200 E. Jim Bilton Blvd., St. George, SC 29477 Fax: 843-871-2643

Orangeburg: P.O. Box 1525, Orangeburg, SC 29116 Email: dp[email protected]

Calhoun: 120 Mill Street, St. Matthews, SC 29135 Website: www.scsolicitor1.org

2nd Circuit Solicitor: J. Strom Thurmond, Jr.

Mailing: Post Office Drawer 3368, Aiken, SC 29802 Phone: 803-642-1557

Aiken: Room 117, 109 Park Avenue SE, Aiken, SC 29801 Fax: 803-642-7530

Barnwell: P.O. Box 845, Barnwell, SC 29812 Email: solicitor@aikencountysc.gov

Bamberg: N/A

Website: https://www.aikencountysc.gov/DspDept.php?qDeptID=SOL

3rd Circuit Solicitor: Earnest A. “Chip” Finney, III

Mailing: 141 N. Main St., Sumter, SC 29150 Phone: 803-436-2185

Lee: N/A Fax: 803-436-2236

Sumter: 141 N Main St., Sumter, SC 29150 Email: sol3rd1@sumtercountysc.org

Claredon: N/A

Williamsburg: 125 West Main Street, Kingstree, SC 29556

Website: www.sumtercountysc.org/?q=department/solicitors-office

4th Circuit Solicitor: William B. “Will” Rogers, Jr.

Mailing: P.O. Box 616, Bennettsville, SC 29512 Phone: 843-479-6516

Chesterfield: N/A Fax: 843-479-6519

Marlboro: 110 N. Liberty Street, Bennettsville, SC 29512 Email: willrogers@solicitor4.com

Darlington: N/A Website: N/A

Dillon: N/A

5th Circuit Solicitor: Brian Gipson

Mailing: P.O. Box 192, Columbia, SC 29202 Phone: 803-576-1800

Richland: 1701 Main Street, Columbia, SC 29201 Fax: 803-576-1718

Kershaw: 1121 Broad Street, Camden, SC 29020 Email: johnsonda@rcgov.us

Website: www.scsolicitor5.org (this website contains information on expungement)

6th Circuit Solicitor: Randy E. Newman, Jr.

Mailing: PO Box 607, Lancaster, SC 29721 Phone: 803-416-9367

Chester: 140 Main Street, 4th Floor, Chester, SC 29706 Fax: 803-286-7776

Lancaster: PO Box 607, Lancaster, SC 29721 Email: Randy.newman@scsolicitor6.org

Fairfield County: N/A Website: N/A

7th Circuit Solicitor: Barry J. Barnette

Mailing: 180 Magnolia St., Spartanburg, SC 29306 Phone: 864-596-2575

Spartanburg:180 Magnolia St., Spartanburg, SC 29306 Fax: 864-596-2959

Chester County: N/A Email: mglenn@spartanburgcounty.org

Website: http://www.spartanburgcounty.org/162/7th-Circuit-Solicitor (this website contains information on expungement)

8th Circuit Solicitor: David M. Stumbo

Mailing: P.O. Box 516, Greenwood, SC 29648 Phone: 864-942-8800

Laurens: N/A Fax: 864-942-8830

Newberry: N/A Email: dstumbo@greenwoodsc.gov

Abbeville: N/A

Greenwood: Suite 203 Park Plaza, 600 Monument St., Greenwood, SC 29649

Website: www.scsolicitor8.org (this website contains information on expungement)

9th Circuit Solicitor: Scarlett A. Wilson

Mailing:101 Meeting Street, Charleston, SC 29401 Phone: 843-958-1900

Charleston: Wallace Bldg., 101 Meeting St., Charleston, SC 29401 Fax: 843-958-1905

Berkeley: 300-B California Avenue, Moncks Corner, SC 29461 Email: solicitor@scsolicitor9.org

Website: www.scsolicitor9.org (this website contains information on expungement)

10th Circuit Solicitor: Christina T. “Chrissy” Adams

Mailing: P.O. Box 8002, Anderson, SC 29622 Phone: 864-260-4046

Oconee County: 450 South Pine St., Walhalla, SC 29691 Fax: \864-260-4187

Anderson County: 100 South Main St., Anderson, SC 29624 Email: N/A

Website: www.soli10th.com

11th Circuit Solicitor: Donald V. “Donnie” Myers

Mailing: 205 E. Main St., Lexington, SC 29072 Phone: 803-785-8352

McCormick: N/A Fax: 803-785-8255

Saluda: N/A Email: N/A

Lexington: 205 E. Main St., Judicial Center, Lexington, SC 29072 Website: N/A

Edgefield: N/A

12th Circuit Solicitor: E.L. “Ed” Clements, III

Mailing: 180 North Irby Street, Florence, SC 29501 Phone: 843-665-3091

Florence: 180 North Irby Street, Florence, SC 29501 Fax: 843-669-3947

Marion: 1305 North Main Street, Marion, SC 29571 Email: [email protected]rg

Website: www.florenceco.org/elected-offices/solicitor

13th Circuit Solicitor: W. Walter Wilkins, III

Mailing: 305 East North Street, Greenville, SC 29601 Phone: 864-467-8282

Pickens: 214 E. Main Street, Pickens, SC 29671 Fax: 864-467-8270

Greenville: 305 East North St., Greenville, SC 29601 Email: sbrown@greenvillecounty.org

Website: www.greenvillecounty.org/solicitor (this website contains information on expungement)

14th Circuit Solicitor: Isaac McDuffie “Duffie” Stone, III

Mailing: P.O. Box 1880, Bluffton, SC 29910 Phone: 843-255-5880

Allendale: 292 Old Allendale Highway, Allendale, SC 29812 Fax: 843-255-9512

Colleton: 101 Hampton Street, Walterboro, SC 29488 Email: N/A

Hampton: 80 Elm Street, Hampton, SC 29924

Jasper: 198 Second Avenue, Ridgeland, SC 29936

Beaufort: 102 Ribaut Road, Beaufort, SC 29902 and 39 Sheridan Park Circle, Suite 2 Bluffton, SC 29910

Website: www.scsolicitor14.org (this website contains information on expungement)

15th Circuit Solicitor: Jimmy A. Richardson, II

Mailing: P.O. Box 1688, Georgetown, SC 29442 Phone: 843-915-5460

Horry: N/A Fax: 843-915-6460

Georgetown: 401 Cleland Street, Georgetown, SC Email: N/A

Website: www.georgetowncountysc.org/solicitor/default.html

16th Circuit Solicitor: Kevin S. Brackett

Mailing: 1675-1A York Highway, York, SC 29745 Phone: 803-628-3020

York: 1675-1A York Highway, York, SC 29745 Fax: 803-628-3025

Union: P.O. Box 60 Union, SC 29379 Email: N/A

Website: www.scsolicitor16.org

Last Modified: 12/27/18

Appendix 2: Solicitor's Office Staff Who Work on Expungement

CIRCUIT/COUNTY

CONTACT NAME

PHONE NUMBER

EMAIL

First Judicial Circuit

(Orangeburg and Calhoun)

(Dorchester)

Donna Cuttino

Stacey Cook

803-533-6115

843-871-2640

dcuttino@scsolicitor1.org

scook@scsolicitor1.org

Second Judicial Circuit

(Aiken, Bamberg, Barnwell)

Deborah Truesdale

Sylvette Holston

803-642-1557

803-642-1512

dtruesdale@aikencountysc.gov

sholston@aikencountysc.gov

Third Judicial Circuit

(Clarendon, Sumter, Williamsburg,

Lee)

Michelle Potts

803-436-2192

mpotts@sumtercountysc.org

Fourth Judicial Circuit

(Chesterfield, Marlboro,

Darlington, Dillon)

Angie Thurman

843-479-6516

angiethurman@solicitor4.org

Fifth Judicial Circuit

(Richland, Kershaw)

Dawn Sloan

803-576-1824

sloand@rcgov.us

Sixth Judicial Circuit

(Chester, Fairfield)

(Lancaster)

Ann Hardee

Julie Small

803-377-1141

803-416-9391

ann.hargee@scsolicitor6.org

julie.small@scsolicitor6.org

Seventh Judicial Circuit

(Spartanburg, Cherokee)

Cherri Cook

846-562-4498

ccook@spartanburgcounty.org

Eighth Judicial Circuit

(Abbeville, Greenwood, Laurens,

Newberry)

Angela Roland

864-942-8813

arowland@greenwoodsc.gov

Ninth Judicial Circuit

(Charleston)

(Berkeley)

Charles Young

Tamra Gentry

843-958-2023

843-719-4529

youngc@scsolicitor9.org

gentryt@scsolicitor9.org

Tenth Judicial Circuit

(Anderson, Oconee)

Tasha Bridwell

864-222-6694

tbridwell@soli10th.com

Eleventh Judicial Circuit

(Lexington, Edgefield, McCormick,

Saluda)

Davant Keenan

803-785-8197

dkeenan@lex-co.com

Twelfth Judicial

(Florence, Marion)

Candy Rogers

843-665-3091

chrogers@florenceco.org

Thirteenth Judicial Circuit

(Greenville)

(Pickens)

Tracy Starkes

Jeannie Abercrombie

864-467-8723

864-898-5628

tstarkes@greenvillecounty.org

jabercrombie@greenvillecounty.org

Fourteenth Judicial Circuit

(Beaufort)

(Hampton, Allendale)

(Jasper)

(Colleton)

Lina Delahunty

Shannon Horton

843-255-5880

843-914-2175

843-717-4061

843-549-2192

l.delahunty@bcgov.net

s.ferrill@bcgov.net

Fifteenth Judicial Circuit

(Horry)

(Georgetown)

Melissa Cox

Jennifer

Todd

843-915-5365

843-545-3171

mcox@horrycounty.org

jtodd@georgetowncounty.org

Sixteenth Judicial Circuit

(York, Union)

Ann Melton

803-628-3028

Ann.melton@yorkcountygov.com

Dated 2016, from www.scbar.org.

Appendix 3: Additional Resources

If, after reviewing this packet, you need additional help, these are some places to look:

To find more information on expungement and pardons

The South Carolina Courts

Expungement Application Process

http://www.sccourts.org/expungementInfo/

expAppProcessGS.cfm

To find legal help or a lawyer

South Carolina Legal Services

Toll Free: 888-346-5592

Phone: 803-744-9430

Fax: 803-744-9450

www.sclegal.org

The South Carolina Bar

Lawyer Referral System

800-868-2284

www.scbar.org/

publicservices/findalawyer.aspx

To find more information on the legal system in South Carolina

The South Carolina

Judicial Department

www.sccourts.org

Law Help

for South Carolina

www.lawhelp.org/SC

To get a copy of your criminal record

South Carolina Law Enforcement Division (SLED)

Records Department

Post Office Box 21398

Columbia, SC 29221

803-896-1443

www.sled.sc.gov

SLED's FAQ on Criminal Records and Expungement

www.sled.sc.gov/documents/CJIS/RecordsCheck&ExpungementFAQ.pdf

To find more information on expungement, pardons, or other issues relating to fatherhood

The South Carolina Center for Fathers and Families

2711 Middleburg Drive, Suite 111

Columbia, SC 29204

803-227-8800

www.scfathersandfamilies.com