Can I Get a DUI Expunged in South Carolina?
Full Question:
Answer:
If the offfense involved controlled substances, expungement may be available under Section 44-53-450 (b), which allows for expungement upon the dismissal of the person and discharge of the proceedings against him pursuant to subsection (a), and if the offense did not involve a controlled substance classified in Schedule I which is a narcotic drug and Schedule II which is a narcotic drug.
Expungement may also be available if you successfully completed an alcohol education course or traffic education course.
The process for the expungement of a criminal charge is as follows:
A. Obtain the necessary information for eligibility from the records of the Clerk of Court, Magistrate’s Court, Municipal Court, NCIC, Sheriff’s Department, Police Department, and/or other sources.
B. Prepare and type a proposed Order, acceptable to SC Court Administration.
C. Submit proposed order to SLED to confirm that the criminal charge is statutorily appropriate for expungement.
D. Obtain the signature of the Solicitor/Deputy Solicitor.
E. Obtain the approval and signature of a Circuit Court Judge.
F. File the original signed Order in the Office of the Clerk of Court (The law provides for a filing fee to be paid to the clerk at the time of filing, except category #1.)
G. Obtain certified copies of the Order from the Clerk of Court.
H. Deliver or mail certified copies of the Order to appropriate agencies.
The Solicitor’s Office may process steps A through E for the applicant and will provide the guidance necessary for the applicant to accomplish steps E through H.
A person applying to expunge a criminal record shall obtain the appropriate blank expungement order form from the solicitor’s office in the judicial circuit where the charge originated. The use of this form is mandatory and to the exclusion of all other expungement forms.
In exchange for this service, the applicant is responsible for payment of an administrative fee to the Solicitor’s Office, in the form of a money order, in the amount of two hundred fifty dollars ($250.00) per order, which shall be retained by the Solicitor’s Office to defray the costs associated with this process. In addition, SLED shall receive a twenty-five dollar ($25.00) money order, from the applicant, to confirm that the criminal charge is statutorily appropriate for expungement.
Please see the following SC statutes to determine applicability:
§ 17-22-330. Disposition of traffic-related offense on completion
of program; subsequent violation.
(A) When a person successfully completes a traffic education program,
the governmental agency administering the program shall effect a
noncriminal disposition, as defined in this chapter, of the
traffic-related offense, and there must be no record maintained of the
traffic-related offense except by the appropriate traffic education
program in order to ensure that a person does not benefit from the
provisions of this article more than once.
(B) If applicable, the person may apply to the court for an order to
destroy all official records relating to his arrest.
(C) If a person violates the conditions of a traffic education
program, then the person may be terminated from the program and the
traffic-related offense reinstated by the governmental agency
administering the program in the appropriate municipality or county.
(D) If a person receives a subsequent traffic violation during the six
months following the issuance of the ticket for which he has entered
the traffic education program, he must be terminated from the program
and the traffic-related offense must be reinstated by the governmental
agency administering the program in the appropriate municipality or
county.
§ 17-22-530. Disposition of alcohol-related offense on completion
of program.
(A) When a person successfully completes an alcohol education program,
the circuit solicitor shall effect a noncriminal disposition, as defined
in this chapter, of the alcohol-related offense, and there must be no
record maintained of the alcohol-related offense except by the Commission
on Prosecution Coordination in order to ensure that a person does not
benefit from the provisions of this article more than once.
(B) If applicable, the person may apply to the court for an order to
destroy all official records relating to his arrest.
(C) If a person violates the conditions of an alcohol education
program, the person may be terminated from the program and the
alcohol-related offense reinstated by the circuit solicitor in the
appropriate municipality or county.
"§ 44-53-450. Conditional discharge for first offense.
**Update notice: This section has been amended by
ACT NO. 36 OF 2009
(a) Whenever any person who has not previously been convicted of any
offense under this article or any offense under any State or Federal
statute relating to marihuana, or stimulant, depressant, or
hallucinogenic drugs, pleads guilty to or is found guilty of possession
of a controlled substance under § 44-53-370(c) and (d), except narcotic
drugs classified in Schedule I (b) and (c) and narcotic drugs classified
in Schedule II, the court, without entering a judgment of guilt and with
the consent of the accused, may defer further proceedings and place him
on probation upon terms and conditions as it requires, including the
requirement that such person cooperate in a treatment and rehabilitation
program of a State-supported facility or a facility approved by the
Commission, if available. Upon violation of a term or condition, the
court may enter an adjudication of guilt and proceed as otherwise
provided. Upon fulfillment of the terms and conditions, the court shall
discharge the person and dismiss the proceedings against him. Discharge
and dismissal under this section shall be without court adjudication of
guilt and is not a conviction for purposes of this section or for
purposes of disqualifications or disabilities imposed by law upon
conviction of a crime, including the additional penalties imposed for
second or subsequent convictions. However, a nonpublic record shall be
forwarded to and retained by the Department of Narcotic and Dangerous
Drugs under the South Carolina Law Enforcement Division solely for the
purpose of use by the courts in determining whether or not a person has
committed a subsequent offense under this article. Discharge and
dismissal under this section may occur only once with respect to any
person.
(b) Upon the dismissal of the person and discharge of the
proceedings against him pursuant to subsection (a), and if the offense did
not involve a controlled substance classified in Schedule I which is a
narcotic drug and Schedule II which is a narcotic drug, the person may
apply to the court for an order to expunge from all official records
(other than the nonpublic records to be retained as provided in
subsection (a)) all recordation relating to his arrest, indictment or
information, trial, finding of guilty, and dismissal and discharge
pursuant to this section. If the court determines, after hearing, that the
person was dismissed and the proceedings against him discharged, it shall
enter the order. The effect of the order is to restore the person, in the
contemplation of the law, to the status he occupied before the arrest or
indictment or information. No person as to whom the order has been
entered may be held pursuant to another provision of law to be guilty of
perjury or otherwise giving a false statement by reason of his failure to
recite or acknowledge the arrest, or indictment or information, or trial
in response to an inquiry made of him for any purpose.
