What Steps Should I Take to Clear My Name Legally?
A criminal offense can prevent you from securing housing and finding suitable employment. These collateral consequences can exist for the rest of your life, making it difficult to move on after you have completed your sentence. With your once good name tarnished, you may consider limiting access to your record so that you do not have to be punished for the rest of your life for a past transgression.
At Ryan Beasley Law, we understand the impact a criminal record can have on future opportunities. In this blog, our Greenville criminal defense attorneys discuss how to expunge a criminal record and how a lawyer can help you navigate the process.
What is an Expungement, and Which Offenses Can Be Expunged?
An expungement will remove or destroy a criminal record, making it inaccessible to the public. By expunging your record, it will no longer be visible on an official record of arrests and prosecutions, known as a rap sheet. An expunged offense will also not appear on a background check, allowing you to find suitable employment and housing.
Typically, only minor offenses can be expunged in South Carolina, more specifically, the following:
- Dismissed charges or acquittals (“not guilty” verdicts).
- Dismissed charges after successful completion of certain diversion programs.
- First misdemeanor conviction for fraudulent check.
- First offense drug possession charge in which the defendant complied with a court-ordered conditional discharge.
- First offense misdemeanor convictions that carry a maximum sentence of 30 days and a fine of $1,000, provided there are no additional convictions within three years from the date of conviction. If you have been convicted of a first offense criminal domestic violence conviction, you must have no additional convictions within five years of the date of conviction.
- A conviction under the Youthful Offender Act (YOA), given that you have no additional convictions within five years after the completion of your sentence.
- A first offense misdemeanor conviction to stop for a law enforcement vehicle (known as the state’s “blue light law”), given that you have no additional convictions within three years of the date of conviction.
- Juvenile offenses that meet certain criteria.
How Do I Obtain an Expungement in Greenville, SC?
To obtain an expungement, you must apply through the court. The following amounts must be paid to the solicitor in the circuit in which your offense was committed:
- A non-refundable administrative fee of $250
- A non-refundable verification fee of $25 made payable to the South Carolina Law Enforcement Division (SLED)
- $35 filing fee to the county clerk of court, if applicable
After which, the solicitor will send your application to SLED to see if you are eligible for expungement. SLED will then return the application, stating whether the offenses are eligible for expungement. If your offenses are eligible for expungement, then the solicitor will obtain signatures from the PTI Director, the summary court judge, and the circuit court judge. Once all the needed signatures have been obtained, the solicitor will file the order with the clerk of the court. Copies of your expungement record will be provided to government agencies, the applicant, and the applicant’s attorney.
Reach Out to a Greenville Criminal Defense Lawyer Today
All of us hope to be forgiven for past mistakes, allowing us to move on in our lives. By obtaining an expungement, you can destroy any trace of a criminal record. In South Carolina, the process of obtaining an expungement is complex, requiring legal guidance at each step. Any deviation from the application process can result in a denial of your request, requiring you to start all over again. If you have questions regarding the process or are curious if your offense is eligible for expungement, the Greenville criminal defense lawyers at Ryan Beasley Law are more than happy to assist you. To learn more or schedule your consultation, contact us online or give us a call at (864) 756-4204 today.