An article published in Forbes.com says some states will enact or expand clean slate laws by 2025. Under these laws, eligible individuals may have their records sealed or expunged, depending on the circumstances of their case.
According to ccresourcecenter.org, in South Carolina, records for minor misdemeanors and summary offenses can be expunged and destroyed after three years if there are no subsequent convictions. In the case of domestic violence convictions, you need to wait for five years before the record can be expunged.
Under the Youthful Offender Act, which applies to people aged 17–25, first-offense minor felonies and non-violent misdemeanors can be expunged after five years if there are no other convictions. Diversionary and other authorities, including for human trafficking victims, may expunge non-violent first offenses.
In this article, you will learn what felonies can be expunged in SC and the requirements and benefits of having your criminal record expunged.
Understanding Expungement in South Carolina
Expungement in South Carolina erases certain criminal records from public view. Expungement is usually granted for minor offenses and first-time misdemeanors. In some cases, felonies may qualify for expungement. For felony expungement, strict rules must be followed, and only a few offenses are allowed.
Even if the expungement process in South Carolina is difficult, it is still important to learn the process if you want to start over again.
It is advised to familiarize yourself with all steps and details of the expungement process to obtain a favorable outcome.
Eligibility Criteria for Expungement of Felonies
South Carolina expunges felonies under strict state requirements.
To qualify for expungement, your prison, parole, and probation sentences must be complete. A violent, sexual, or qualified drug offense cannot be expunged.
You can expunge a felony if you have no active charges or convictions or if it was reduced to a misdemeanor.
Please keep in mind that you can only expunge one felony in your lifetime.
According to https://www.robertbfisher.com/, if you are not eligible for expungement, you can consult a lawyer to assist you with finding pardons or modifying sentences.
The Expungement Process: Step-by-Step
Following these steps makes the expungement process easier to understand and complete.
- Look for the criminal record and related court papers first.
- Find out if your case can be expunged.
- Complete application forms with relevant information.
- File the forms with the court clerk and pay any fees.
- Wait for the court’s decision on expungement, which usually takes weeks.
- Your application will result in an expungement order.
- Verify your updated court records.
Limitations and Exceptions to Expungement
The more felonies you have, the less likely one will be expunged. You must always follow waiting periods and other requirements before applying.
Even if you meet those requirements, the court may still turn down your expungement request, depending on the crime you committed and how long you have been in jail.
The Impact of Expungement on Future Opportunities
Having a felony expunged from your record can reduce the burden of crime.
Most employers conduct criminal background checks, and a clean record is a huge interview advantage when applying for jobs.
Finding a house or apartment is easier when you have a clean record.
After expungement, scholarship programs and other academic opportunities may open up for you.
