Expungement of charges dismissed, discharged, nolle prossed or found not guilty in South Carolina: which records can be cleared
Each way to clear a record in South Carolina, what it covers, the exclusions and the effect.
Checked against official sources: October 25, 2026.
Short answer
In South Carolina it is called expungement: an expungement order makes the record non-public. Some misdemeanor convictions may be cleared, and South Carolina also clears some records automatically.
- Main remedy
- Expungement of charges dismissed, discharged, nolle prossed or found not guilty
- What it covers
- Charges that ended without a conviction, plus completed pretrial intervention (PTI), conditional discharge for drug possession, alcohol and traffic education programs.
- Ways to clear a record
- 2
- Automatic relief
- Yes
What each remedy covers in South Carolina
Expungement — An expungement order makes the record non-public: arrest records, mug shots and fingerprints are destroyed, but police and prosecutors keep a sealed copy, and SLED keeps a nonpublic note so each expungement can be used only once.
South Carolina has 2 ways to clear a record. Each covers different records and has its own waiting period.
Expungement of charges dismissed, discharged, nolle prossed or found not guilty
Charges that ended without a conviction, plus completed pretrial intervention (PTI), conditional discharge for drug possession, alcohol and traffic education programs.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Summary court case dismissed or not guilty | No waiting period If you were fingerprinted, the summary court must issue the order on its own, at no cost, within 30 days after the appeal deadline. If you were not fingerprinted, you can apply to the summary court for free. | End of the appeal period |
General sessions charge dismissed, nolle prossed or not guilty | No waiting period You can apply through the solicitor's office right away. | Disposition |
Pretrial intervention (PTI) completed | No waiting period You can apply once the solicitor disposes of the charge after PTI. | Noncriminal disposition after PTI |
Conditional discharge (first drug possession) | No waiting period You can apply once the court discharges you and dismisses the case. | Discharge and dismissal |
- Not eligible
- A summary court dismissal at a preliminary hearing, or when related charges are still pending in general sessions, is not expunged automatically. Charges dismissed as part of a plea deal where you pled guilty to other charges require the $250 fee.
Law: S.C. Code §§ 17-1-40, 17-22-150, 17-22-910 to 17-22-950, 44-53-450(B)
Source: Official text
Expungement of convictions
Only listed lower-level convictions: offenses with a penalty of up to 30 days or $1,000; first unlawful firearm possession punishable by up to one year; domestic violence 3rd degree; first simple drug possession; first possession with intent to distribute; first youthful offender sentence; first-offense misdemeanor fraudulent check; multiple misdemeanor fraudulent check convictions (since June 25, 2026); first failure to stop for police.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Conviction with penalty of 30 days / $1,000 or less | 3 years You can apply three years after the conviction if you had no other conviction in that time. | Date of conviction |
First unlawful possession of a firearm or weapon (up to 1 year) | 3 years You can apply three years after the conviction if you had no other conviction in that time. | Date of conviction |
Domestic violence 3rd degree | 5 years You can apply five years after the conviction if you had no other conviction in that time. | Date of conviction |
First simple possession of a controlled substance | 3 years You can apply three years after finishing your sentence with no other conviction. | Completion of sentence, including probation and parole |
First possession with intent to distribute | 20 years You can apply 20 years after finishing your sentence with no other drug or felony conviction. | Completion of sentence, including probation and parole |
First youthful offender sentence | 5 years You can apply five years after finishing the sentence, with no new conviction during the sentence or those five years. | Completion of sentence, including probation and parole |
First misdemeanor fraudulent check conviction | 1 year You can apply one year after the conviction if you had no other conviction in that year. | Date of conviction |
Multiple misdemeanor fraudulent check convictions within 3 years (magistrates court) | 10 years You can apply ten years after the last conviction if you have no other conviction and paid full restitution on all the checks. | Date of last conviction |
First failure to stop for a police vehicle (misdemeanor) | 3 years You can apply three years after you finish the sentence if you had no other conviction in that time. | Completion of all terms of the sentence |
- Not eligible
- Motor vehicle offenses (for the 30-day/$1,000 and youthful offender routes). Youthful offender expungement excludes violent crimes, most Chapter 25 domestic violence offenses, and sex-offender-registry offenses. Drug expungement is barred if you had a conditional discharge within 5 years (marijuana) or 10 years (other drugs) before the arrest. You cannot have pending charges, unless they have been pending more than five years.
- Limits
- Each type of conviction expungement can be used only once in your life (SLED keeps a nonpublic record to enforce this).
Law: S.C. Code §§ 22-5-910, 22-5-920, 22-5-930, 34-11-90(e)-(f), 56-5-750(F), 17-22-910, 17-22-940
Source: Official text
Automatic relief in South Carolina
- Law
- Summary court expungement of dismissals and acquittals
- What is cleared
- When a summary (magistrate or municipal) court case ends in not guilty, dismissal or nolle prosequi and you were fingerprinted, the court issues the expungement order on its own, at no cost, within 30 days after the appeal deadline. Charges must also be removed from Internet-based public records within 30 days of disposition. Arrest records made by mistaken identity must be destroyed within 180 days after an investigation shows the mistake.
- Started
- Summary court rule: 2016; mistaken identity: June 25, 2026.
Law: S.C. Code §§ 17-22-950, 17-1-43; Act 132; Act 248
Juvenile records in South Carolina
If you are at least 18, finished your juvenile sentence, have no later adjudication or conviction and no pending charge, you can petition Family Court to expunge a status offense or nonviolent offense; status offenses must be granted. You cannot petition if you have a prior adjudication for an offense carrying five years or more for an adult. Not-guilty findings are expunged at any age with no fee. Violent crime adjudications cannot be expunged.
Law: S.C. Code § 63-19-2050
What you can say afterwards
Employers other than criminal justice agencies may not use expunged information against an employee. For PTI, conditional discharge and juvenile expungements, the law restores you to your status before the arrest, and you cannot be charged with perjury or false statement for not mentioning it. Police and prosecutors keep sealed copies.
Law: § 17-22-960; §§ 17-22-150(a), 44-53-450(B), 63-19-2050(E)
Pardons in South Carolina
- Who decides
- South Carolina Board of Paroles and Pardons (Department of Probation, Parole and Pardon Services)
- How
- Submit the official Pardon Application (revised 5/22/2025) with a $100 nonrefundable fee by money order or cashier's check. All restitution must be paid. You can apply after five years of successful supervision, or after discharge if supervision was shorter. Two-thirds of the Board must approve.
Law: S.C. Code § 24-21-910 et seq; § 17-25-322
In nearby states
- North Carolina: Expunction (also called expungement)
- Georgia: Record restriction and sealing (often called expungement)
- Virginia: Sealing; expungement (for charges that did not end in a conviction)
- West Virginia: Expungement
Steps to clear a record in South Carolina
See what is on your record
Find out exactly what your record shows: every arrest, charge and outcome. SC Judicial Branch - Expungement Application Process.
Check the waiting period
Each kind of case has its own waiting period. Waiting periods.
Ask the court
You file the request in the court that handled the case. How to file.
Get help
Legal aid can help for free: South Carolina Legal Services.
Free legal help in South Carolina
Questions about clearing a record in South Carolina
What is the legal term in South Carolina?
Expungement. An expungement order makes the record non-public: arrest records, mug shots and fingerprints are destroyed, but police and prosecutors keep a sealed copy, and SLED keeps a nonpublic note so each expungement can be used only once.
Can I clear a conviction in South Carolina?
Expungement of charges dismissed, discharged, nolle prossed or found not guilty: Charges that ended without a conviction, plus completed pretrial intervention (PTI), conditional discharge for drug possession, alcohol and traffic education programs. Expungement of convictions: Only listed lower-level convictions: offenses with a penalty of up to 30 days or $1,000; first unlawful firearm possession punishable by up to one year; domestic violence 3rd degree; first simple drug possession; first possession with intent to distribute; first youthful offender sentence; first-offense misdemeanor fraudulent check; multiple misdemeanor fraudulent check convictions (since June 25, 2026); first failure to stop for police.
Does South Carolina clear records automatically?
When a summary (magistrate or municipal) court case ends in not guilty, dismissal or nolle prosequi and you were fingerprinted, the court issues the expungement order on its own, at no cost, within 30 days after the appeal deadline. Charges must also be removed from Internet-based public records within 30 days of disposition. Arrest records made by mistaken identity must be destroyed within 180 days after an investigation shows the mistake.
Can juvenile records be cleared in South Carolina?
If you are at least 18, finished your juvenile sentence, have no later adjudication or conviction and no pending charge, you can petition Family Court to expunge a status offense or nonviolent offense; status offenses must be granted. You cannot petition if you have a prior adjudication for an offense carrying five years or more for an adult. Not-guilty findings are expunged at any age with no fee. Violent crime adjudications cannot be expunged.
Who can still see a cleared record in South Carolina?
Employers other than criminal justice agencies may not use expunged information against an employee. For PTI, conditional discharge and juvenile expungements, the law restores you to your status before the arrest, and you cannot be charged with perjury or false statement for not mentioning it. Police and prosecutors keep sealed copies.