Have you been found not guilty at trial, had a case dismissed by a prosecutor or judge, completed a program such as pre-trial intervention (PTI), pled guilty to a crime, or were convicted in the past and several years have passed since your conviction? If so, an expungement lawyer could speak with you about your situation, discuss your options, and determine whether expungement is a remedy that is available in your case. Expungement consultations are provided for no charge.

Passing a criminal background check can be important for many things, especially employment opportunities. If you are facing problems due to a criminal record or want to have your record cleared, call me, a Charleston expungement lawyer, today for your free consultation about expunging your criminal record.

Expungement of Drug Offenses in Charleston

South Carolina has a law specifically for drug offenses. Under S.C. Code of Laws § 22-5-930, individuals who have a first offense conviction for simple possession of a controlled substance or prescription drug will qualify for expungement of their offense three years following the date on which they completed their sentence, including any term of probation and parole. For the first conviction for possession with intent to distribute a controlled substance, individuals will become eligible for expungement 20 years after the date that they completed their sentence.

Additionally, individuals must have no other criminal convictions during the waiting period to be eligible for the expungement of a possession conviction, including any out-of-state convictions. An expungement lawyer may be able to determine whether individuals with drug convictions qualify for expungement under this law.

Expungement of Other Offenses in Charleston

Individuals may also qualify to have all criminal charges that did not result in a conviction expunged, including those that the court dismissed, those of which a judge or jury found individuals not guilty following a trial or those that were nol-prossed. Individuals may also expunge records related to criminal charges that the Solicitor dismissed after the completion of a Pre-Trial Intervention Program, Traffic Education Program, or Alcohol Education Program.

Other offenses eligible for expungement include:

• A first misdemeanor conviction for passing a bad check, after one year with no additional criminal convictions.
• A first conviction for a crime carrying the potential for not more than 30 days in jail, a $500 fine, or both.
• A first conviction for a non-violent offense under the Youthful Offender Act, which requires individuals to be between 17 and 24 years old and go five years with no additional convictions after completion of the sentence.
• All non-violent juvenile offenses after individuals have turned 18, completed their sentences, and have no prior convictions for crimes that would carry a prison sentence of five years or more if committed by an adult.

There are some exceptions to these basic rules for the expungement of criminal convictions in South Carolina. An expungement attorney may be able to evaluate circumstances and decide whether expungement is a viable option.

A Charleston Expungement Attorney May Be Able To Help

If you believe that you might be eligible to expunge your criminal record, you may wish to contact a Charleston expungement lawyer for legal advice.

Having legal advice when filing for an expungement can ensure that you submit your application properly and maximize your chances of success. By seeking legal counsel, you may put yourself in a better position to achieve your goals.