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.

Worked out in your browser. Nothing you enter here is saved or sent.

Enter the date the waiting period runs from. Use the date on your court papers.

Pick your kind of case and enter the date

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 caseWaiting periodCounted 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 caseWaiting periodCounted 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

  1. Find your dates

    Use the dates on your court papers, not your memory.

  2. Read the full rule

    The wait is only one rule; the court looks at the whole record.

  3. Prepare your petition

    When the waiting period has passed, you can prepare your request. How to file.

  4. 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.

Is there free help to clear a record in South Carolina?

South Carolina Legal Services.

Keep reading about South Carolina