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Expungement of Criminal Records


The following statutes provide for the expungement of criminal records pertaining to the certain offenses when certain circumstances exist. 

  • S.C. Code Ann. 34-11-90(e) provides for the expungement of first offense convictions for misdemeanor fraudulent check convictions.

  • S.C. Code Ann. 44-53-450(b) provides for the expungement of conditional discharges for simple possession of marijuana or hashish.

  • S.C. Code Ann. 22-5-910 provides for the expungement of first offense convictions in magistrate courts.

  • S.C. Code Ann. 22-5-920 provides for the expungement of convictions under the youthful offenders act.

  • S.C. Code Ann. 56-5-750(f) provides for the expungement of first offense convictions for failure to stop when signaled by law enforcement vehicle.

  • S.C. Code Ann. 17-22-150(a) provides for the expungement of records pertaining to the dismissal of cases upon completion of the pre-trial intervention program.

  • S.C. Code Ann. 17-1-40 provides for the expungement when charges are dismissed, nol prossed or the defendant was found not guilty.

By order of Chief Justice Toal dated July 11, 2003, all applications for expungement shall be administered by the Solicitor's Office in each circuit throughout the state.  The fee for this service is $150.00.  The Solicitor's Office administers this service for Spartanburg County through its Pre-Trial Intervention office located at 180 Library Street, P.O. Box 5666, Spartanburg, SC 29304.  Their telephone number is (864) 596-2630.  There is also a $25.00 fee for the State Law Enforcement Division to provide a criminal record verification.  Blank expungement orders can be obtained in the Clerk of Court's office on the second floor of the Spartanburg County Courthouse and here.