Cleary Law LLC

Are Certain Charges Automatically Expunged After Some Time?


If your charge is not prosecuted, dismissed, or if you are found not guilty in a summary court, the charge will automatically be dismissed. You should follow up to make sure that action was taken. In the past, they were not automatically expunged, so you need to check your record to make sure they were dismissed.

What Charges Cannot Be Expunged In South Carolina?

Most charges for which a conviction was not obtained may be expunged. There are some exceptions in General Sessions Court and with charges that were dismissed as part of a plea.

Most felony and many misdemeanor convictions cannot be expunged. Traffic offenses, motor vehicle offenses, and wildlife and game offenses cannot be expunged.

How Much Of An Impact Does Criminal History Have On An Expungement?

Generally, you can only get a conviction expunged if it was your first criminal conviction. There are exceptions.

What Are The Top Misconceptions Regarding Expungement?

Many people think that all misdemeanor convictions may be expunged. This is not true. In addition, people think that all convictions may be expunged after a certain amount of time. This is also not true. It depends on the nature of the offense and whether you have been convicted of subsequent or prior offenses.

What Is The Process Of Expungement For A Criminal Charge?

It depends on the nature of the charge or conviction. Generally, there are forms to be completed, which vary from jurisdiction to jurisdiction.

What Information Or Paperwork Is Required For An Expungement?

There really is not much information needed to apply for an expungement. However, to determine if you are eligible before you invest too much effort, I recommend you go to catch.SLED.gov and run a copy of your criminal record. This will cost you $25. Make sure you save the document with your record on it. Once you do, email it to our office and we can tell you what your options are. We have the forms necessary to expunge your record.

What Is The Typical Timeframe Of The Expungement Process?

The typical timeframe for the expungement process is one to six months.

What If Someone Is Not Eligible For An Expungement?

You can apply for a pardon with the SC Department of Probation, Parole, and Pardon Services. After you submit your application, a hearing is set at their office in Columbia, SC in about nine months. The board makes a decision right away. The pardon does not remove the convictions from your record. However, the record will indicate that the conviction has been pardoned. Your civil rights will be restored. Pardons can remove bars to employment, licensing, and immigration issues. I have successfully represented many clients before the Pardon Board.

How Does A Record Appear After A Successful Expungement?

There will be no public record of your charges or conviction if you get an expungement. However, the government keeps a non-public record so that it will know if you have already gotten an expungement for a conviction, and are therefore not entitled to another. Will I have to say that I was convicted of a crime if I already got it expunged? It depends.

Some applications for certain positions ask if you have ever been charged with a crime, even if it has been expunged. If your record has been expunged through successful completion of Pre-Trial Intervention (PTI), there is a South Carolina statute which provides that “No person (whose record was expunged through PTI) may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest in response to any inquiry made of him for any purpose.”

How Is A Pardon Or A Sealing Different From An Expungement?

A pardoned offense remains on your record while an expunged offense does not.

Why Should I Hire An Experienced Attorney For An Expungement?

There are certain nuances with expungements that an experienced attorney can navigate. The law is very disjointed and confusing. However, if you know you have one expungeable offense and you live near the expungement office located where you received your conviction, you should be able to get it taken care of by yourself. Many people chose to use our services so they don’t have to spend the time completing the forms and submitting them to the appropriate office.

For more information on Automatic Expungement Of Charges, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (803) 310-5796 today.

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