Expungement / Record Sealing Petition and Eligibility Memo — South Carolina

Expungement / Record Sealing Petition and Eligibility Memo (SOUTH CAROLINA)

Quick-Reference Summary

Part A — Eligibility Memo

TO: [Client Name]
FROM: [Attorney Name], [Firm]
RE: Eligibility for Expungement Under South Carolina Law (S.C. Code §§ 17-1-40, 17-22-940, 22-5-910, et al.)
DATE: [__/__/____]

1. Executive Summary

South Carolina expungement is comparatively narrow and administered through the Solicitor's Office of the judicial circuit where the charge originated, pursuant to a statewide Chief Justice Order. There is no general adult-felony expungement statute. Eligible categories are tightly defined by statute, and the mandatory forms (SCCA 223 / SCCA 492) must be used to the exclusion of all others. This memo identifies the statutory basis (if any) for relief in [Client]'s case, the applicable waiting period, the administrative fee, and the procedural steps.

2. Client Record Summary

3. Eligibility Decision Tree

Step 1 — Was the disposition a NON-CONVICTION (dismissal, nolle pros, not guilty, no-bill)?
☐ YES → § 17-1-40 eligibility. No waiting period. Fee exempt under § 17-22-940(B) UNLESS the charge was dismissed/nolle prossed as part of a plea agreement on other charges.
☐ NO → continue to Step 2.

Step 2 — Did Petitioner successfully complete PTI, AEP, or conditional discharge?
☐ PTI (§ 17-22-150) → expungement initiated by solicitor upon completion; ineligible for PTI if previously accepted or charged with crime of violence, DUI/DUAC, traffic, fish/game, certain Title 16 Ch. 25 offenses.
☐ AEP (§ 17-22-530) → similar mechanism for alcohol offenses.
☐ Conditional discharge marijuana/hashish (§ 44-53-450) → expunge upon completion; one-time only.
☐ NO → continue to Step 3.

Step 3 — First-offense magistrate-court conviction (penalty ≤ 30 days OR ≤ $1,000)?
☐ YES, and offense is NOT assault or CDV, and 3 years have passed with no subsequent conviction → § 22-5-910 eligible. (5-year wait if CDV-adjacent.)
☐ NO → continue to Step 4.

Step 4 — Youthful Offender Act sentence completed?
☐ YES, and 5 years have passed since completion, and no subsequent conviction → § 22-5-920 eligible. (Some YOA convictions, such as those requiring sex-offender registration, are ineligible.)
☐ NO → continue to Step 5.

Step 5 — First-offense fraudulent check?
☐ YES, 1 year passed, no subsequent conviction → § 34-11-90(e) eligible.
☐ NO → continue to Step 6.

Step 6 — First-offense failure to stop for blue light (§ 56-5-750(f))?
☐ YES, 3 years passed, no subsequent conviction → eligible.
☐ NO → continue to Step 7.

Step 7 — Juvenile (under 17 at time of offense)?
☐ YES → § 63-19-2050 family-court framework applies; SCCA 492 mandatory.
☐ NO → Petitioner is likely INELIGIBLE under current South Carolina law. Consider a gubernatorial pardon (§ 24-21-910 et seq.) as an alternative.

4. Categorical Exclusions to Confirm

The following exclusions are CRITICAL and must be confirmed before paying the administrative fee (which is nonrefundable):

☐ Petitioner has no prior expungements under the SAME statute (most statutes allow ONE expungement per category)
☐ Offense is NOT a sex offense requiring registration (§ 23-3-430)
☐ Offense is NOT DUI or DUAC
☐ For § 22-5-910: offense is NOT assault, CDV, or any felony
☐ For § 17-22-150 (PTI): petitioner was not charged with a crime of violence (§ 16-1-60), blackmail, DUI/DUAC, traffic offense, certain Title 16 Ch. 25 offenses, or fish/game offense
☐ For § 22-5-920 (YOA): conviction is otherwise within YOA eligibility (not all YOA dispositions can be expunged)
☐ Petitioner is not currently charged with any offense in any jurisdiction

5. Administrative Fee Analysis

Under § 17-22-940(A), the fee is $250 per individual order, nonrefundable, regardless of statutory outcome.

Fee EXEMPT under § 17-22-940(B) if:
☐ Expungement is sought under § 17-1-40 (non-conviction), AND
☐ The charge was NOT dismissed, discharged, or nolle prossed as part of a plea arrangement under which the defendant pleaded guilty and was sentenced on other charges.

If multiple orders are needed (e.g., separate orders for separate cases), $250 applies per order.

6. Practical Considerations

• Solicitor's Office authority: The solicitor's office prepares the SCCA 223 order, obtains SLED confirmation, secures judicial signature, files the executed order, and distributes copies. Pro se applicants work directly with the solicitor. Attorneys often supplement with a legal-argument letter where eligibility is contested.
• SLED retention: A non-public record persists at SLED for criminal-justice purposes. The record is not visible on public background checks but is available to law enforcement, courts, and certain regulatory bodies (Department of Insurance, professional licensing boards, etc., as enumerated in § 17-22-940 and related provisions).
• Federal databases: NCIC/III records may retain the entry; FBI background checks may continue to show the offense unless a federal expungement is obtained (which is generally unavailable for state convictions).
• Firearms: § 16-23-500(F)(3) excludes from "crime punishable by a maximum term of imprisonment of more than one year" any conviction "expunged, or set aside or for which a person has been pardoned or has had civil rights restored." State firearms disability is therefore removable by expungement.
• Immigration: Expungement does NOT eliminate federal immigration consequences. The conviction remains a "conviction" under 8 U.S.C. § 1101(a)(48).
• Disclosure: After expungement, Petitioner may lawfully respond "no" to most private employer / housing / licensing inquiries about the expunged offense (with statutorily enumerated exceptions for certain licensing boards and law enforcement).

7. Recommended Path

Based on the foregoing: ☐ § 17-1-40 application (non-conviction; fee exempt) — ☐ § 17-22-150 (PTI/AEP — solicitor initiates) — ☐ § 22-5-910 first-offense magistrate — ☐ § 22-5-920 YOA — ☐ § 34-11-90(e) fraudulent check — ☐ § 44-53-450 conditional discharge — ☐ § 56-5-750(f) blue light — ☐ § 63-19-2050 juvenile — ☐ Not eligible; pursue pardon under § 24-21-910 — ☐ Wait until [__/__/____] for waiting period to expire.

Part B — Petition / Application Template

STATE OF SOUTH CAROLINA
COUNTY OF [_____________]
[General Sessions / Magistrate / Municipal / Family] COURT
[___] JUDICIAL CIRCUIT

Warrant/Indictment No.: [____________]
Case No.: [____________]

Applicant: [CLIENT NAME]
Attorney for Applicant: [ATTORNEY NAME], SC Bar No. [______]
[Firm Name, Address, Telephone, Email]

APPLICATION FOR EXPUNGEMENT OF CRIMINAL RECORDS — SUPPLEMENT TO SCCA 223

Applicant [CLIENT NAME], by and through undersigned counsel, submits this Application for Expungement, together with the mandatory SCCA 223 (attached), to the [___] Judicial Circuit Solicitor's Office for processing pursuant to the Supreme Court of South Carolina's Order Re: Expungement of Criminal Records, and in support states:

I. Applicant Identification

1. Full legal name: [____________]
2. Date of birth: [__/__/____]
3. Driver's license / SSN (last 4): [____________]
4. Current address: [____________]

II. Charge Identification

5. Arrest date: [__/__/____]
6. Arresting agency: [____________]
7. Warrant/Indictment number: [____________]
8. Charge: [____________], in violation of S.C. Code § [__________]
9. Court of jurisdiction: [Magistrate / Municipal / General Sessions / Family]
10. Date of disposition: [__/__/____]
11. Disposition: [dismissed / nolle prossed / not guilty / PTI completed / conviction with sentence served / YOA completed / conditional discharge completed]
12. Sentence imposed (if any): [____________]
13. Date of completion of sentence / probation / supervision: [__/__/____]

III. Statutory Basis for Expungement

14. Expungement is sought under [check applicable]:

☐ S.C. Code § 17-1-40 (charge not resulting in conviction)
☐ S.C. Code § 17-22-150(a) (successful PTI completion)
☐ S.C. Code § 17-22-530 (Alcohol Education Program completion)
☐ S.C. Code § 22-5-910 (first-offense magistrate-court conviction; 3-year wait elapsed)
☐ S.C. Code § 22-5-920 (Youthful Offender Act; 5-year wait elapsed)
☐ S.C. Code § 34-11-90(e) (first-offense fraudulent check; 1-year wait elapsed)
☐ S.C. Code § 44-53-450(b) (conditional discharge — marijuana/hashish — completed)
☐ S.C. Code § 56-5-750(f) (first-offense failure to stop for blue light; 3-year wait elapsed)
☐ S.C. Code § 63-19-2050 (juvenile expungement)

IV. Eligibility Statement

15. To the best of Applicant's knowledge and information, Applicant satisfies all statutory requirements for expungement under the cited authority, including:

(a) Applicable waiting period has fully elapsed;
(b) No subsequent criminal conviction during waiting period;
(c) No pending criminal charges in any jurisdiction;
(d) Offense is NOT a sex offense requiring registration under § 23-3-430;
(e) Offense is NOT categorically excluded under the relevant statute;
(f) Applicant has not previously received expungement under the SAME statute (for one-time-only categories).

V. Administrative Fee

16. Applicant tenders the $250 administrative fee under § 17-22-940(A) OR ☐ claims fee exemption under § 17-22-940(B) [provide basis for exemption: ____________].

VI. Custodians of Records

The following custodians hold records to be expunged:

☐ South Carolina Law Enforcement Division (SLED), 4400 Broad River Rd., Columbia, SC 29210
☐ Clerk of Court, [_____________] County
☐ [Arresting law enforcement agency]
☐ [Magistrate / municipal court that handled the warrant / charge]
☐ [_____________] Detention Center
☐ [Other: ____________]

VII. Relief Requested

WHEREFORE, Applicant respectfully requests that:

A. The Solicitor for the [___] Judicial Circuit confirm with SLED that the offense is statutorily appropriate for expungement;
B. The Solicitor prepare an SCCA 223 expungement order for execution;
C. Upon entry of the SCCA 223 order, all listed custodians seal the records and respond "no record exists" to non-law-enforcement inquiries;
D. The Solicitor distribute certified copies of the executed order to all listed custodians and to Applicant.

Dated: [__/__/____]

[ATTORNEY NAME], SC Bar No. [______]
[Firm Name]
[Address]
[Telephone] | [Email]
Attorney for Applicant

APPLICANT VERIFICATION

I, [CLIENT NAME], declare under penalty of perjury under the laws of the State of South Carolina that the factual statements in this Application are true and correct to the best of my knowledge.

_______________________________
[CLIENT NAME]
Date: [__/__/____]

[ATTACH: completed SCCA 223 (or SCCA 492 for juveniles)]

Part C — Filing Checklist

Pre-Application

☐ Obtain certified disposition / case summary from clerk of court
☐ Run SLED criminal-history check ($25 — request online at SLED CATCH portal)
☐ Identify judicial circuit where charge originated
☐ Confirm offense is within an eligible category (§ 17-1-40 / § 17-22-150 / § 22-5-910 / § 22-5-920 / § 34-11-90(e) / § 44-53-450 / § 56-5-750(f))
☐ Confirm waiting period has elapsed (where applicable)
☐ Confirm no subsequent conviction
☐ Confirm no pending charges in any jurisdiction
☐ Confirm no prior expungement under same statute
☐ Confirm offense is NOT categorically excluded (sex offense, CDV, DUI, etc.)
☐ Determine whether fee exemption under § 17-22-940(B) applies

Application Package

☐ Obtain blank SCCA 223 from the Solicitor's Office or Judicial Department website
☐ Complete SCCA 223 in full (do NOT substitute another form)
☐ Attach attorney-drafted supplement (Part B above) where helpful
☐ Attach certified case disposition
☐ Attach SLED criminal-history printout
☐ Attach proof of completion of sentence / PTI / conditional discharge / YOA (where applicable)
☐ Prepare $250 certified check or money order payable to the Solicitor's Office (or attach fee-exemption documentation under § 17-22-940(B))

Submission

☐ Submit in person at any Solicitor's Office location in the relevant circuit, OR via the circuit's online portal where available
☐ Obtain receipt and tracking number
☐ Calendar follow-up at 60 / 90 / 120 days

Processing (by Solicitor's Office)

• Solicitor confirms eligibility with SLED
• Solicitor obtains arresting agency review and (where required) victim notification
• Solicitor prepares SCCA 223 order for judicial signature
• Solicitor obtains signatures from: Applicant, Solicitor (or designee), Defense Counsel, Judge
• Solicitor files executed order with Clerk of Court
• Solicitor distributes certified copies to SLED, arresting agency, magistrate/municipal court, detention facility, and Applicant

Post-Order

☐ Obtain certified copy of executed SCCA 223 from Solicitor's Office
☐ Confirm SLED has processed the seal (request updated SLED record after 60 days)
☐ Send FCRA dispute letters to private CRAs continuing to report the offense
☐ Provide certified copy to any pending employer / licensing applications
☐ Advise client of (i) right to deny existence of record except to enumerated agencies, (ii) continuing federal disability under 18 U.S.C. § 922(g) absent federal relief, (iii) immigration consequences not eliminated, (iv) FBI/NCIC retention separate from SLED

Sources and References

• S.C. Code Ann. § 17-1-40 (expungement of records of arrest of person not convicted): https://www.scstatehouse.gov/code/t17c001.php
• S.C. Code Ann. ch. 22 (Intervention Programs — PTI / AEP / expungement procedure / § 17-22-940): https://www.scstatehouse.gov/code/t17c022.php
• S.C. Code Ann. § 22-5-910 (first-offense magistrate expungement): https://www.scstatehouse.gov/code/t22c005.php
• S.C. Code Ann. § 22-5-920 (YOA expungement): https://www.scstatehouse.gov/code/t22c005.php
• S.C. Code Ann. § 34-11-90 (fraudulent check expungement): https://www.scstatehouse.gov/code/t34c011.php
• S.C. Code Ann. § 44-53-450 (conditional discharge — controlled substance): https://www.scstatehouse.gov/code/t44c053.php
• S.C. Code Ann. § 56-5-750 (failure to stop for blue light): https://www.scstatehouse.gov/code/t56c005.php
• S.C. Code Ann. § 63-19-2050 (juvenile expungement): https://www.scstatehouse.gov/code/t63c019.php
• Supreme Court of South Carolina Order Re: Expungement of Criminal Records (statewide uniform procedure): https://www.sccourts.org/whatsnew/displaywhatsnew.cfm?indexid=303
• SCCA Forms (SCCA 223 adult / SCCA 492 juvenile): https://www.sccourts.org/forms/
• South Carolina Law Enforcement Division (SLED) — CATCH (criminal-history check): https://www.sled.sc.gov/
• South Carolina Commission on Prosecution Coordination — Circuit Solicitor directory: https://www.prosecutors.sc.gov/
• Collateral Consequences Resource Center — South Carolina Restoration Profile: https://ccresourcecenter.org/state-restoration-profiles/south-carolina-restoration-of-rights-pardon-expungement-sealing/