How long you wait to clear a record in South Carolina
The South Carolina waiting periods case by case, with a helper that adds the wait to your date.
Checked against official sources: October 25, 2026.
Short answer
These are the waiting periods in South Carolina law. Each one runs from a set event, like the end of your sentence.
- Main remedy
- Expungement of charges dismissed, discharged, nolle prossed or found not guilty
- Waiting periods
- 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
Your earliest date in South Carolina
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Waiting periods: 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
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.
Summary court rule: 2016; mistaken identity: June 25, 2026.
Law: Act 132; Act 248
Law: S.C. Code §§ 17-22-950, 17-1-43
In nearby states
- North Carolina: Charge dismissed or found not guilty: No waiting period, counted from the final disposition of the charges
- Georgia: Dismissed, nolle prossed or acquitted after charges: No waiting period, counted from final disposition
- Virginia: Misdemeanor conviction or deferred dismissal: 7 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it
What to do now in South Carolina
Find your dates
Use the dates on your court papers, not your memory.
Read the full rule
The wait is only one rule; the court looks at the whole record.
Prepare your petition
When the waiting period has passed, you can prepare your request. How to file.
Ask for free help
Legal aid can help for free: South Carolina Legal Services.
Free legal help in South Carolina
Questions about waiting periods in South Carolina
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.
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.
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.