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EXPUNGEMENTS IN SC

EXPUNGEMENTS IN SC. Changes in SC Expungement Laws Chief Justice Toal’s Administrative Order for Expungements Expungement Fees SC Attorney General Opinions. EXPUNGEMENT IN SC. Section 17-1-40 No Charge Section 44-53-450 No Charge Section 17-22-150 No Charge

JasminFlorian
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EXPUNGEMENTS IN SC

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  1. EXPUNGEMENTS IN SC Changes in SC Expungement Laws Chief Justice Toal’s Administrative Order for Expungements Expungement Fees SC Attorney General Opinions

  2. EXPUNGEMENT IN SC • Section 17-1-40 No Charge • Section 44-53-450 No Charge • Section 17-22-150 No Charge • Section 22-5-910 $25.00 • Section 22-5-920 $25.00 • Section 56-5-750 $25.00 • Section 34-11-90 $25.00

  3. SLED • SLED processes approximately 1500 expungement requests each month.

  4. SLED Section 17-1-40 • Dismissed, Not guilty, acquitted, nol prossed,etc. Must be completely destroyed. • You cannot expunge the arrest charge, if the charge was reduced to a lesser offense. You cannot erase the fact which created the lesser offense. Ex: ABHAN is a lesser offense of CSC and cannot be expunged.

  5. SLED Section 22-5-910 • Enhanced penalties refers to Traffic and Title 50 offenses only. • If you have utilized Sec. 34-11-90(e) then you cannot use Sec.22-5-910. You have already been convicted in magistrates court. • If you have a DUI or DUS as a first offense on your SLED Rap Sheet then you cannot use this section since you have already been convicted in magistrate’s court.

  6. SLED Section 22-5-920: • 1st offense conviction as a youthful offender. No criminal activity for 15 years from date of conviction. • Exclusions: Title 50, Title 56, Violent Crimes according to Sec.16-1-60,and CDV. • In order to use this section you have to be sentenced as a Youthful Offender.

  7. SLED Section 34-11-90(e): • 1stoffense fraudulent check and no criminal activity for one year from date of conviction. • Must be for one offense only. Even if you are arrested on one occasion, the arrests would be separate incidents.

  8. SLED Section 56-5-750(F): • Used for 1st offense failure to stop for blue light. • No additional criminal activity for 3 years from date of the completion of the sentence. • This statute cannot be used before June 5, 1996, which is the effective date of the statute.

  9. SLED Section 44-53-450(b): • Conditional Discharge Program for first offense simple possession of marijuana. • Must be sentenced under the Conditional Discharge Program. Cannot be convicted.

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