South Carolina Expungement Laws: Who Qualifies and How to Apply

South Carolina law allows qualifying individuals to expunge arrest and conviction records under S.C. Code § 17-22-910 et seq., with the 2018 legislative reform (Act No. 254) expanding the offense categories listed in that umbrella statute and adding employer immunity for hiring someone whose record has been expunged.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers expungement law in South Carolina only. Rules vary significantly by state. See Expungement Laws by State for a full comparison.

The Statutory Framework and What the 2018 Reform Actually Changed

South Carolina's centralized expungement framework is older than the 2018 reform it is often credited to. The S.C. Code § 17-22-910(A) umbrella that routes every expungement application through the solicitor's office was created by 2009 Act No. 36, Section 2, effective June 2, 2009, and has been amended repeatedly since: 2014 Act No. 276, 2015 Act No. 22, 2018 Act No. 254, Section 1, and 2018 Act No. 262, Section 3.

2018 Act No. 254 (H.3209), effective December 27, 2018, amended that umbrella rather than creating it, and it added the employer-immunity protection now codified at S.C. Code § 17-22-960. It did not create or amend the automatic summary court scheme in S.C. Code § 17-22-950. That section's own history runs 2009 Act No. 36, Section 2, then 2014 Act No. 276, Section 5, and 2016 Act No. 132, Section 3, so the requirement that a summary court act within 30 days of the appeal expiration date predates the 2018 reform.

Two features of the umbrella statute matter to applicants. Under S.C. Code § 17-22-910(B), eligibility is determined by the offense a person actually pled guilty to or was convicted of, not by an offense the person may have been charged with. Under § 17-22-910(C), the section applies retroactively, so a conviction that predates the enactment of the section, or the addition of a particular item to subsection (A), can still be expunged if it otherwise qualifies.

Automatic Expungement for Dismissed Charges

South Carolina provides the strongest automatic protections for charges that never resulted in a conviction. Under S.C. Code § 17-22-950(A), when a case in summary court ends in an acquittal or the charges are dismissed or nolle prossed, and the accused person was fingerprinted for the charges, the court must immediately issue an expungement order at no cost. Two exceptions are written into the same subsection: the automatic order does not apply if the dismissal of the charges occurs at a preliminary hearing, or if the accused person has charges pending in both summary court and a court of general sessions arising out of the same course of events.

If the person was not fingerprinted, the expungement is not automatic. Section 17-22-950(B) instead lets the person apply to the summary court, still at no cost, and the court issues the order after verifying that the charges are appropriate for expungement. The same two exceptions apply.

Either way, the expungement must occur no sooner than the appeal expiration date and no later than 30 days after it. Separately, § 17-22-950(E) requires the charges to be removed from all internet-based public records no later than 30 days from the disposition date, regardless of whether the accused person ever applies.

Under S.C. Code § 17-1-40, the destruction of arrest and booking records, associated bench warrants, mugshots, and fingerprints applies when charges are dismissed or discharged or result in acquittal. That destruction rule carries a broad law enforcement carve-out, and it runs the opposite way from how it is often described. Section 17-1-40(B)(1)(a) requires law enforcement and prosecution agencies to hold those materials under seal for three years and 120 days, but expressly allows an agency to retain the information indefinitely for ongoing or future investigation and prosecution of the offense, for administrative hearings, and to defend the agency and its employees in litigation. Section 17-1-40(C)(1) permits the same indefinite sealed retention of unredacted incident and supplemental reports and investigative files. The three-year-and-120-day destruction deadline attaches to detention and correctional facility records under § 17-1-40(B)(1)(b), and even those may be kept longer when an action, complaint, or inquiry has been initiated. Sealed material is not a public document and is disclosable only by court order, and under § 17-1-40(D) no agency may charge a fee for destroying records under this section.

Under S.C. Code § 17-22-950(F), a prosecution or law enforcement agency may file an objection to a summary court expungement; if an objection is filed, the expungement must be heard by the judge of a general sessions court. The valid grounds for objection are that the accused person has other charges pending, or that the charges are not eligible for expungement.

Diversion Program Completions: PTI, Conditional Discharge, and Education Programs

South Carolina created several diversion pathways whose successful completion results in a noncriminal disposition and an expungeable record. Each program is governed by a separate statute but all feed into the § 17-22-910 expungement process.

Pretrial Intervention (PTI): Under S.C. Code § 17-22-150(a), when a defendant successfully completes a PTI program the solicitor effects a noncriminal disposition of the charge. The defendant may then apply for an order destroying the arrest record. PTI completion restores the person to the legal status occupied before the arrest and does not constitute a criminal conviction for any purpose. SLED verification is not required for PTI cases and no $25 SLED verification fee is charged, though the $250 administrative fee still applies.

Conditional Discharge: Under S.C. Code § 44-53-450(b), a first-time drug possession offender may be placed on probation. Successful completion results in discharge and dismissal of the charges. That dismissal is then expungeable through the § 17-22-910 process. The $25 SLED verification fee is waived for conditional discharge cases.

Alcohol Education Program (S.C. Code § 17-22-530(A)): Persons ages 17 to 20 charged with underage alcohol offenses who complete the program receive a noncriminal disposition. No permanent public record is maintained except by the Commission on Prosecution Coordination internally. Participants may apply for a court order destroying remaining records.

Traffic Education Program (S.C. Code § 17-22-330(A)): Completion results in a noncriminal disposition with record destruction available through court order. No verification fee applies.

Waiting Periods for Conviction-Based Expungements

When a conviction did occur, South Carolina imposes waiting periods that vary by offense type. No convictions of any kind may occur during the waiting period, including out-of-state convictions.

Minor convictions in magistrate or general sessions court (S.C. Code § 22-5-910): Eligible three years from the date of conviction for a crime carrying a penalty of not more than 30 days imprisonment or a fine of $1,000, or both. Subsection (A) is not confined to magistrate's court; it covers a qualifying conviction "including a conviction in magistrates or general sessions court." The same subsection reaches a second category the statute treats identically: a first offense for unlawful possession of a firearm or weapon carrying a penalty of not more than one year or a fine of $1,000, or both. Domestic violence in the third degree carries a five-year waiting period under subsection (B). Motor vehicle operation offenses are excluded entirely. Under § 22-5-910(F), no one may expunge under this section while criminal charges of any kind are pending, unless those charges have been pending more than five years, and that five-year period is tolled for any time the defendant has been under a bench warrant for failure to appear. Each person may use this provision only once.

Youthful offender convictions (S.C. Code § 22-5-920): A first-offense conviction sentenced under the Youthful Offender Act may be expunged five years after completion of the sentence, including probation and parole. Motor vehicle operation offenses, violent crimes as defined in S.C. Code § 16-1-60, domestic violence offenses under Chapter 25, Title 16, and sex offenses requiring registration are excluded.

First-offense simple drug possession (S.C. Code § 22-5-930): Three years after completion of all sentence conditions, including probation and parole. Possession with intent to distribute carries a 20-year waiting period, which runs from completion of any sentence, including probation and parole, for a drug conviction or any felony conviction. A person may not use this provision if they used a conditional discharge for a marijuana offense within five years, or for any other controlled substance within ten years, of the arrest date for the offense being expunged. Section 22-5-930(D) also carries the same pending-charges bar as § 22-5-910(F): no expungement while criminal charges of any kind are pending unless they have been pending more than five years, tolled for time under a bench warrant for failure to appear. Each person may use this provision only once.

First-offense failure to stop when signaled by law enforcement (S.C. Code § 56-5-750(F)): Three years after completion of all sentence conditions, provided no great bodily injury or death resulted and no subsequent convictions occurred.

First-offense fraudulent check (S.C. Code § 34-11-90(e)): One year from the date of conviction with no other conviction during that period. Each person may use this provision only once.

The Application Process and SLED's Role

The solicitor's office in the judicial circuit where the case was handled administers all expungement applications under S.C. Code § 17-22-920 and § 17-22-940. Clerks of court must direct all expungement inquiries to the corresponding solicitor's office. Applicants obtain the required blank expungement order forms from that office; use of those official forms is mandatory.

Before a solicitor or circuit court judge signs an expungement application, SLED must verify and document that the charge is appropriate for expungement under S.C. Code § 17-22-940(E). That subsection exempts five categories from verification: § 17-1-40 (charges discharged, dismissed, nolle prossed, or an acquittal), § 17-22-150(a) (PTI), § 17-22-530(A) (alcohol education), § 17-22-330(A) (traffic education), and § 44-53-450(b) (conditional discharge). Section 17-22-940(E)(1) waives the $25 SLED verification fee for those same five categories, and § 17-22-940(H) bars the clerk's office from charging any filing fee for a § 17-1-40 expungement where the charge was discharged, dismissed, or nolle prossed, or the applicant was acquitted. An applicant whose charge was dismissed therefore owes neither the SLED fee nor a clerk filing fee.

For everyone else the standard fees are $250 (nonrefundable administrative fee payable to the solicitor's office), $25 (SLED verification, paid by certified check or money order), and the clerk of court filing fee under S.C. Code § 8-21-310(C)(4). Solicitors may establish donation accounts to help applicants cover up to 50 percent of the administrative fee. The $250 fee does not apply to general sessions charges dismissed, discharged, or nolle prossed under S.C. Code § 17-1-40, unless the dismissal was part of a plea arrangement under which the defendant pled guilty and was sentenced on other charges, and a solicitor may waive it when a person was falsely accused of a crime as a result of identity theft. A prepaid clerk filing fee is refunded if the charge turns out to be statutorily ineligible; the $250 is not.

Under the "single incident" rule in S.C. Code § 17-22-940(G), each expungement order may cover only one charge, with one exception: multiple charges arising from the same incident and eligible under S.C. Code § 17-1-40 or § 17-22-150(a) may be included in one order.

After the solicitor and a circuit court judge sign the order, the solicitor distributes copies to the arresting agency, any detention facility involved, the clerk of court, and SLED. SLED then updates its central records. Under S.C. Code § 17-22-960, added by 2018 Act No. 254, Section 7, employers who hire workers with expunged records receive immunity from claims arising from those expunged offenses and may not use expunged information adversely against an employee.

What Cannot Be Expunged in South Carolina

South Carolina law does not provide a general expungement remedy for felony convictions. The youthful offender track under § 22-5-920 and the 20-year possession-with-intent-to-distribute track under § 22-5-930(B) are the narrow exceptions. Most felony drug trafficking convictions, violent felonies under S.C. Code § 16-1-60, domestic violence felonies, and sex offenses requiring registration are ineligible regardless of time elapsed. Motor vehicle operation offenses are excluded from both the § 22-5-910 track and the youthful offender track. Pending criminal charges of any kind block an expungement under § 22-5-910 and § 22-5-930 unless those charges have been pending for more than five years. A person who has already used a particular expungement provision once cannot use that same provision again, since most sections include an explicit one-time-only limitation. The $250 administrative fee is not refunded if SLED determines a charge is ineligible.

Disclaimer: This article provides general legal information about South Carolina expungement law based on statutes verified as of May 29, 2026. Laws change; this article may not reflect the most recent amendments. This article does not constitute legal advice and does not create an attorney-client relationship. Consult a licensed South Carolina attorney before making any decision about your record.

Sources

The following primary legal sources were used to prepare this article.

• S.C. Code § 17-22-910 through § 17-22-960 (Uniform Expungement of Criminal Records), South Carolina Legislature, scstatehouse.gov
• S.C. Code § 22-5-910 (Expungement of minor convictions, magistrate or general sessions court), South Carolina Legislature, scstatehouse.gov
• S.C. Code § 22-5-920 (Youthful Offender Act expungements), South Carolina Legislature, scstatehouse.gov
• S.C. Code § 22-5-930 (First offense drug conviction expungements), South Carolina Legislature, scstatehouse.gov
• S.C. Code § 17-1-40 (Destruction of records on acquittal or dismissal; retention under seal), South Carolina Legislature, scstatehouse.gov
• S.C. Code § 17-1-65 (Expungement of one conviction for unlawful possession of a handgun), South Carolina Legislature, scstatehouse.gov
• S.C. Code § 44-53-450 (Conditional discharge for drug possession), South Carolina Legislature, scstatehouse.gov
• S.C. Code § 34-11-90(e) (First offense fraudulent check expungement), South Carolina Legislature, scstatehouse.gov
• S.C. Code § 56-5-750(F) (First offense failure to stop expungement), South Carolina Legislature, scstatehouse.gov

Related Articles

• Expungement Laws by State
• DUI Expungement by State
• How to Check If Your Record Has Been Expunged

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RecordingLaw.com provides general legal information, not legal advice. Laws change; verify current statutes with official sources or a licensed South Carolina attorney.

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