Myrtle Beach Expungement Lawyer
Expungement is a process by which someones criminal record is cleared. So that the arrest and conviction are no longer in the States searchable database and should not be found on a basic background check. Here at The Chambers Law Firm, Attorney Trent Chambers can help you get your criminal record expunged. Call us today at (843) 449-0420 to see if we can help you.
In South Carolina, generally anything that is on your record stays on your record for life. As with all rules, however, there are some exceptions.
1. Your charge was nol prossed, dismissed, or the defendant was found not guilty or dismissed after successful completion of a diversionary program. Section 17-1-40 of the South Carolina Code says that for any charge, regardless of the nature of the offense, the arrest expunged and taken off your record, and all public records destroyed if your case was dismissed by the Solicitor, Prosecuting officer, or if you were found not guilty. Section §44-53-450(b) allows for a first offense of simple possession of Marijuana to be expunged if you have completed the requirements imposed by the court for a conditional discharge.Section 17-22-150(a) allows someones record to be cleared after the successful completion of Pre-Trial Intervention (PTI) and 17-22-530(A) allows for record expungment for an alcohol related charge after completion of an Alcohol Education Program (AEP).
2. You were convicted of a first offense misdemeanor under the Fraudulent Check Law and one year has lapsed from the date of conviction with no other fraudulent check charges. Section 34-11-90 allows you to get an expungement for a bad check arrest and conviction if it was a first offense misdemeanor, one year has lapsed from the date of conviction and no other fraudulent check convictions are on your record during the one-year period.
3. If you were convicted of a first offense magistrate or municipal level offense (carrying a penalty of not more than 30 days in jail or a fine of $1000, or both) and three years has elapsed after the date of conviction and you did not receive any other conviction during that period. If you received two magistrate or municipal level offense charges at one time, you may not have the charges expunged.
If the magistrate or municipal level offense involves any of the following, then special rules apply:
Offenses involving the operation of a motor vehicle
Offenses in title 50 (“Fish Game and Watercraft”)
Criminal domestic violence (see below)
For a criminal domestic violence charge to be expunged from your record, the same rules apply, except you must wait five-years from the date of conviction prior to applying for an expungement.
4. If you were convicted of an offense to which you were sentenced pursuant to the Youthful Offender Act and five years has lapsed from the date of the completion of your sentence. (Does not apply to offenses involving the operation of a motor vehicle, Criminal Domestic Violence, or Fish, Game and Watercraft violations)