📅 2026 Update: Recent Changes to South Carolina Expungement Laws

Since the original article was published, South Carolina has made significant changes to its expungement laws. These updates include new eligibility criteria and proposed legislation that could affect those with eviction records. The earlier article continues further down the page, providing more details on expungement processes and eligibility.

🆕 2024 Amendment to Expungement Eligibility

In 2024, South Carolina amended Section 22-5-910. Individuals convicted of certain first-time misdemeanors can now apply for expungement after three years. This applies to offenses with penalties up to 30 days imprisonment or a $1,000 fine.

Applicants must have no other convictions during this period.

🏠 2026 Introduction of Eviction Expungement Bill

On January 13, 2026, Senate Bill 0744 was introduced. This bill proposes that individuals with civil eviction records may apply for expungement if they have no additional evictions within five years. It also allows magistrate courts to verify expungement applications.

💰 Current Fees and Costs

The costs for processing expungement applications have been set. The Solicitor's Office charges $250, the Clerk of Court has a $35 filing fee, and SLED requires a $25 fee for eligibility verification. Understanding these costs is essential for applicants.

📄 Application Process and Documentation

For non-convictions in Magistrate or Municipal Court, applicants should contact the respective court. For other expungements, reach out to the county's Solicitor's Office. Required documentation includes an application form and payment of the associated fees.

📅 Processing Times

The processing time for expungement applications can vary. It is best to contact the Solicitor's Office or Clerk of Court for estimated timelines. This can help applicants plan accordingly.

📌 Key Takeaways

  • 2024 Amendment allows first-time misdemeanors to apply for expungement after three years.
  • 2026 Bill proposes eviction record expungement after five years.
  • Application Fees include $250 for the Solicitor, $35 for filing, and $25 for SLED verification.
  • Documentation and proper application processes are crucial for success.
  • Processing Times vary; check with local offices for details.

💡 Tips for Navigating South Carolina Expungement Laws

Review your specific situation with an attorney. This is important for understanding your eligibility and options.

📜 Understand Eligible Offenses

Certain offenses are eligible for expungement, such as dismissed charges and nonviolent juvenile offenses. Familiarize yourself with eligible categories to know if you can apply.

🗓️ Know the Waiting Periods

For first-time misdemeanors, the waiting period is typically three years after completing your sentence. Make sure you meet this requirement before applying.

🏛️ Utilize Free Legal Resources

Take advantage of free legal assistance from organizations like South Carolina Legal Services or local pro bono clinics. This can help you navigate the process without incurring extra costs.

📋 Gather Required Documents Early

Collect necessary documents ahead of time. This includes the completed application form and proof of eligibility, which can expedite the process.

📞 Contact Local Offices for Updates

Processing times can change, so it’s wise to frequently check in with the Solicitor's Office or Clerk of Court. This can help you stay updated on your application's status.

❓ Frequently Asked Questions

❓ What types of offenses are eligible for expungement?

Certain offenses such as dismissed charges, first-offense misdemeanors, and nonviolent juvenile offenses may qualify for expungement.

❓ How long does the expungement process take?

Processing times vary, so it's best to check with the Solicitor's Office or Clerk of Court for an estimate specific to your case.

❓ Can I apply for expungement if I have other convictions?

Eligibility often requires that you have no other convictions during the waiting period. Review the specific conditions that apply to your situation.

❓ What happens after my expungement is granted?

Once granted, your record will be cleared, but SLED will maintain a nonpublic record to prevent multiple expungements for the same offense.

❓ Are there any fees associated with the expungement process?

Yes, there are fees, including $250 for the Solicitor’s Office, $35 for filing, and $25 for SLED verification.

❓ What if I am not eligible for expungement?

If expungement is not possible, individuals may consider applying for a pardon, which forgives the legal consequences of a crime but does not remove the conviction from the record.

⚖️ Recent Cases Related to Expungement Laws

There have been recent court rulings that connect to the expungement laws in South Carolina. These rulings may impact how expungement applications are processed and reviewed.

Explore more recent rulings in the news section by checking more rulings on the news page.

End of October 2026 Update





South Carolina expungement laws remove all expunged records from public access. This can protect people applying for employment, licenses, or permits from a past charge repeatedly coming back to affect their daily lives. Expunged records are considered to be sealed or obliterated. However, expunged records are not obliterated in total.

The court system that expunged the record will still have a record of doing so. Also, investigative agencies can gain access to South Carolina expungements for criminal investigation or criminal trial purposes. Any search performed by a member of the general public will not come across any evidence of an arrest, conviction, or dismissal of charges.

South Carolina Expungement with Dismissed Charges

Cases where charges against a defendant were dismissed or a not guilty verdict was reached with lead to the records being expunged. Once expunged, all agencies in possession of identifiable information obtained from the criminal record such as fingerprints, mugshots and other information must be obliterated. The court agrees to give these agencies three years to destroy their information to maintain records and statistical information regarding their completed work.

South Carolina Expungement Laws

The information held by any agency regarding an expunged record must not make its way into public access. Any failure to destroy expunged records will place that person in contempt of court under South Carolina expungement laws.

South Carolina Expungement Intervention Program

Someone who seeks to have their record expunged and avoid criminal charges may have the opportunity to enter a pretrial intervention program. Upon successful completion of the program, the person is eligible to have their criminal record expunged. This will grant them the status they had before the charge. They will be legally protected if they choose to deny all involvement in the crime stated on the original record.

Someone who enters the intervention program but fails to meet its standards will be removed from the program. The expungement will be dissolved and the criminal trial will resume where it left off before the start of the intervention program.



South Carolina Expungement for First-Time Offenders

First-time offenders whose sentence is no more than thirty days in jail or a fine of $500 or both may apply for a South Carolina expugement. They may not apply to have their record expunged until three years after the date of conviction. They may not apply for expungement if:

         The offense involved a motor vehicle.


         The offense involved any violations of South Carolina's Title 50 marine protection laws.

The offense involved domestic violence. Some domestic violence cases may be expunged after five years have passed since conviction.