How to file to clear a record in South Carolina
How to ask a South Carolina court to clear your record, what it costs and which forms to use.
Checked against official sources: October 25, 2026.
Short answer
Apply to the solicitor's office in the judicial circuit where the charge started, using its mandatory blank expungement order form. The solicitor checks eligibility with SLED, gathers signatures (and the circuit judge's) and files the order.
- Main remedy
- Expungement of charges dismissed, discharged, nolle prossed or found not guilty
- Cost
- No fee for charges that were dismissed, discharged, nolle prossed or found not guilty, unless the charge was dropped as part of a plea deal on other charges.
- Forms
- 3
How to file in South Carolina
Expungement of charges dismissed, discharged, nolle prossed or found not guilty
Apply to the solicitor's office in the judicial circuit where the charge started, using its mandatory blank expungement order form. The solicitor checks eligibility with SLED, gathers signatures (and the circuit judge's) and files the order. Summary court dismissals are handled by that court.
- Cost
- No fee for charges that were dismissed, discharged, nolle prossed or found not guilty, unless the charge was dropped as part of a plea deal on other charges. For completed PTI, conditional discharge, or alcohol or traffic education programs, the $250 nonrefundable solicitor administrative fee applies (no SLED fee), and the clerk filing fee may also apply (§ 17-22-940(A), (E)(1), (F); SC Judicial Branch).
Law: § 17-22-940(A)(1), (H); § 17-22-950
Expungement of convictions
Apply to the solicitor's office in the circuit where the offense happened. SLED verifies eligibility; the solicitor and a circuit judge sign the order; the solicitor files it and sends copies to agencies and to you.
- Cost
- $250 nonrefundable administrative fee to the solicitor, $25 SLED verification fee, and $35 clerk of court filing fee (refunded if ineligible), per order (S.C. Code § 17-22-940; SC Judicial Branch).
- If you can't pay
- No general waiver. The solicitor may waive the $250 fee only for identity-theft victims; solicitor donation funds may cover up to 50% of it.
Law: § 17-22-940(A)(2), (J)
Court self-help
Who cannot use these remedies in South Carolina
- Expungement of charges dismissed, discharged, nolle prossed or found not guilty: 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.
- Expungement of convictions: 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.
Law: S.C. Code §§ 17-1-40, 17-22-150, 17-22-910 to 17-22-950, 44-53-450(B); 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
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)
Get your own record in South Carolina
South Carolina Law Enforcement Division (SLED) · 803-896-1443
Search your own name in SLED CATCH online for $25, or mail the Criminal Records Check Form with a $25 certified check or money order and a SASE to SLED Records Department, PO Box 21398, Columbia SC 29221-1398.
Letter: ask the state records office for a copy of your record
In nearby states
- North Carolina: No fee for most dismissals and not-guilty findings. $175 if the charge was dismissed after a deferred prosecution agreement or conditional discharge.
- Georgia: Arrests before July 1, 2013: arresting agency fee up to $50, plus $25 GCIC processing fee by money order or certified check payable to 'Georgia Bureau of Investigation'.
- Virginia: No court fees or costs to file. You may pay a service fee if you have the sheriff serve the prosecutor; hand delivery or mail avoids it.
Steps to file in South Carolina
Gather your papers
Collect your case numbers, final court papers and proof of payment. Checklist: what to gather before you file.
Fill out the forms
Use the official forms and instructions: SC Judicial Branch - Expungement Application Process.
Turn in the petition
After you file, the prosecutor may respond and the court decides.
Ask for free help
Legal aid can help for free: South Carolina Legal Services.
Free legal help in South Carolina
Questions about filing in South Carolina
When can I ask to clear my record in South Carolina?
Summary court case dismissed or not guilty: No waiting period, counted from end of the appeal period; General sessions charge dismissed, nolle prossed or not guilty: No waiting period, counted from disposition; Pretrial intervention (PTI) completed: No waiting period, counted from noncriminal disposition after PTI; Conditional discharge (first drug possession): No waiting period, counted from discharge and dismissal.
How much does it cost to clear a record in South Carolina?
Expungement of charges dismissed, discharged, nolle prossed or found not guilty: No fee for charges that were dismissed, discharged, nolle prossed or found not guilty, unless the charge was dropped as part of a plea deal on other charges. For completed PTI, conditional discharge, or alcohol or traffic education programs, the $250 nonrefundable solicitor administrative fee applies (no SLED fee), and the clerk filing fee may also apply (§ 17-22-940(A), (E)(1), (F); SC Judicial Branch). Expungement of convictions: $250 nonrefundable administrative fee to the solicitor, $25 SLED verification fee, and $35 clerk of court filing fee (refunded if ineligible), per order (S.C. Code § 17-22-940; SC Judicial Branch).
Where do I get my own record in South Carolina?
Search your own name in SLED CATCH online for $25, or mail the Criminal Records Check Form with a $25 certified check or money order and a SASE to SLED Records Department, PO Box 21398, Columbia SC 29221-1398.