STATE OF SOUTH CAROLINA
IN THE [ ] COURT OF [GENERAL SESSIONS / SUMMARY]
COUNTY OF [COUNTY]
Case No.: _____
PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD
(§§ 17-1-40, 22-5-910, 22-5-920, 17-22-910, S.C. Code Ann.)
TABLE OF CONTENTS
- Document Header.............................................1
- Definitions.................................................2
- Operative Allegations & Statutory Eligibility...............3
- Representations, Warranties & Verification..................5
- Prayer for Relief...........................................6
- Proposed Order (Exhibit A)..................................7
- Service & Certification.....................................8
- Signature & Notarization Block..............................9
[// GUIDANCE: Pagination is optional; adjust to court-specific filing requirements.]
1. DOCUMENT HEADER
1.1 Petitioner: [PETITIONER FULL LEGAL NAME] (“Petitioner”), by and through undersigned counsel, respectfully petitions this Court pursuant to the South Carolina Expungement Statutes, S.C. Code Ann. §§ 17-1-40, 22-5-910 et seq., for an order directing the destruction or permanent sealing of all official records relating to the offense described herein.
1.2 Jurisdiction & Venue: This Court has subject-matter jurisdiction under state_expungement_law and proper venue in [COUNTY] pursuant to § 17-1-40(G)(1).
1.3 Parties in Interest:
a. South Carolina Law Enforcement Division (“SLED”);
b. [ARRESTING AGENCY];
c. [MUNICIPAL/MAGISTRATE COURT] (if applicable); and
d. Any other governmental entity maintaining responsive records.
2. DEFINITIONS
For purposes of this Petition, the following terms have the meanings set forth below:
“Eligible Offense” – The single qualifying criminal charge identified in Section 3.2 that meets all statutory criteria for expungement under the cited subsection of S.C. Code Ann.
“Sealed Record” – Any record ordered by the Court to be removed from public access and retained only for statutory purposes pursuant to § 17-22-950.
“Waiting Period” – The statutorily mandated interval between the date of disposition and the filing of this Petition, calculated in accordance with § 22-5-910(B) or other applicable provision.
“Agencies” – Collectively, SLED, [ARRESTING AGENCY], the solicitor of the [JUDICIAL CIRCUIT] Circuit, the detention facility, and all courts in possession of the Eligible Offense file.
3. OPERATIVE ALLEGATIONS & STATUTORY ELIGIBILITY
3.1 Arrest & Disposition Details
a. Arrest Date: [ARREST DATE]
b. Arresting Agency: [ARRESTING AGENCY]
c. Original Charge(s): [STATUTE & OFFENSE TITLE]
d. Disposition Date: [DISPOSITION DATE]
e. Disposition Result: [DISMISSED / NOLLE PROSEQUI / NOT GUILTY / CONVICTION – FIRST OFFENSE]
3.2 Statutory Basis for Expungement
Petitioner proceeds under:
☐ § 17-1-40 (Dismissal/Nolle Prosequi/Acquittal);
☐ § 22-5-910 (First Offense Magistrate/Municipal Misdemeanor – 3-Year Waiting Period);
☐ § 22-5-920 (Youthful Offender Act – 5-Year Waiting Period);
☐ § 17-22-910 (Successful Completion of Diversion/Intervention Program);
☐ Other: [SPECIFY].
3.3 Compliance with Waiting Period
The required Waiting Period of [NUMBER] years [HAS / HAS NOT] elapsed since final disposition, exclusive of any period of incarceration or probation, satisfying § RELEVANT SECTION.
3.4 Absence of Disqualifying Convictions
Petitioner affirms no additional convictions, excluding minor traffic offenses, have been incurred during the Waiting Period, and Petitioner is not currently charged with any criminal offense. Counsel’s due-diligence review of the National Crime Information Center (NCIC) and SLED criminal history confirms same.
3.5 Restitution, Fines & Fees
All court-ordered restitution, fines, and statutorily mandated fees, including the $250 SLED administrative fee and the $35 clerk filing fee, have been paid in full. Proof of payment is attached hereto as Exhibit B.
3.6 Interests of Justice
a. Employment: The presence of the Eligible Offense materially impedes Petitioner’s gainful employment prospects.
b. Housing: Publicly accessible records have resulted in [ADVERSE HOUSING ACTION].
c. Rehabilitation: Petitioner has demonstrated exemplary rehabilitation, evidenced by [COMMUNITY SERVICE / EDUCATIONAL ACHIEVEMENTS].
[// GUIDANCE: Expand Section 3.6 with client-specific equitable factors to strengthen judicial discretion arguments.]
4. REPRESENTATIONS, WARRANTIES & VERIFICATION
4.1 Petitioner represents and warrants:
a. All factual statements herein are true and correct to the best of Petitioner’s knowledge;
b. No material fact relevant to eligibility has been omitted;
c. All attached exhibits are authentic copies of original documents.
4.2 Survival. These representations survive submission of this Petition and any resulting Order.
4.3 Verification. Petitioner’s sworn Verification is set forth in Section 8.3 and executed under penalty of perjury pursuant to S.C. Code Ann. § 15-69-10.
5. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that the Court enter an Order, in the form attached as Exhibit A:
- Requiring each Agency to destroy or permanently seal every record relating to the Eligible Offense, including but not limited to fingerprints, booking photographs, court dockets, and electronic indices;
- Directing SLED to transmit confirmation of expungement to the Federal Bureau of Investigation and any other federal repository;
- Enjoining all Agencies from releasing or disclosing the Sealed Record except as expressly permitted by S.C. Code Ann. § 17-22-950;
- Granting such other and further relief as the Court deems just and proper.
6. PROPOSED ORDER (EXHIBIT A)
[// GUIDANCE: Attach a separate captioned Order with signature lines for the Court, Solicitor, and Law-Enforcement Representative. Ensure the Order mirrors the relief requested in Section 5.]
7. SERVICE & CERTIFICATION
7.1 Copies of this Petition and all exhibits have been served contemporaneously upon:
a. Solicitor, [JUDICIAL CIRCUIT] Circuit;
b. South Carolina Law Enforcement Division, Expungement Unit;
c. [ARRESTING AGENCY]; and
d. Clerk of Court for [COUNTY].
7.2 Method of Service: [CERTIFIED MAIL / HAND DELIVERY / E-SERVICE] in accordance with SCRCP 4.
8. SIGNATURE & NOTARIZATION BLOCK
8.1 Respectfully submitted this ___ day of _, 20.
[ATTORNEY NAME], Esq.
SC Bar No. ____
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Petitioner
8.2 Petitioner’s Signature
I, [PETITIONER NAME], have reviewed the foregoing Petition and declare under penalty of perjury that the statements contained herein are true and correct.
Petitioner
8.3 Notary Acknowledgment
State of South Carolina )
County of ____ )
Subscribed and sworn before me this ___ day of _, 20.
Notary Public for South Carolina
My Commission Expires: _____
EXHIBIT LIST
Exhibit A – Proposed Order of Expungement
Exhibit B – Proof of Payment of Statutory Fees
Exhibit C – Certified Disposition / Sentencing Sheet
Exhibit D – NCIC/SLED Criminal History Report
[// GUIDANCE: Tailor exhibit labeling to local clerk instructions. Double-check whether the Solicitor’s approval signature must be obtained pre-filing in your circuit.]