Second Chance Index
Menu

Expungement, order for destruction of arrest records, or pardon in South Carolina

Can I clear my record in South Carolina?

South Carolina allows expungement only for the specific situations listed in its statutes.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes South Carolina law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Charges that were dismissed, dropped or ended in a not-guilty verdict can be expunged for free, and in magistrate and municipal courts this often happens automatically. A short list of convictions can be expunged once after a waiting period, including offenses punishable by no more than 30 days in jail or a $1,000 fine (3 years), third-degree domestic violence (5 years), first-offense drug possession (3 years after the sentence), Youthful Offender Act sentences (5 years after the sentence) and a few others; most other convictions, including DUI and violent crimes, can't be expunged. For those, a pardon from the Board of Paroles and Pardons restores civil rights but does not remove the conviction from the record.1,2,3,4

Checked October 22, 2026 against 27 sources, starting with South Carolina law, then by a second reader.

What it's called
Expungement, order for destruction of arrest records, or pardon1,2,3
Automatic clearing
Limited2,3,13
DUI or DWI
Can't be cleared1,2,10
Filing fee
$0 to $3101,2,3
Fee waiver
Not confirmed

Expungement

Expungement of dismissed charges and not-guilty verdicts

The arrest and booking record, bench warrants, mug shots and fingerprints must be destroyed, and no government agency may keep evidence of the charge, except that police and prosecutors keep them under seal for 3 years and 120 days (and longer for investigations, administrative hearings and lawsuits). Incident reports are kept under seal, and copies released under the Freedom of Information Act must have your name redacted (S.C. Code § 17-1-40). Sealed information is not public and may be disclosed only to law enforcement and prosecutors, or by court order.1,2,3

What it's for: Charges that were discharged, dismissed, nolle prossed (dropped) or no-billed, and not-guilty verdicts, in magistrate, municipal or general sessions court.

Who can use it

  • A charge (including a courtesy summons) that was discharged or dismissed, or where you were found not guilty (S.C. Code § 17-1-40(B)).
  • In magistrate or municipal (summary) court: charges ending in not guilty, dismissal or nolle prosequi (§ 17-22-950).
  • Eligibility is based on the offense you were convicted of or pleaded to, not the offense originally charged (§ 17-22-910(B)).
  • A charge dismissed or dropped as part of a plea deal in which you pleaded guilty to other charges can also be expunged, but the $250 administrative fee applies (§ 17-22-940(A)(1)).

What doesn't qualify

  • Summary court charges dismissed at a preliminary hearing, or while related charges from the same events are pending in general sessions court, are not expunged by the summary court (§ 17-22-950(A)-(B)).

How long you have to wait

RecordWaiting period
Dismissed, dropped or not-guilty chargeNone; apply once the disposition is filedIn summary court, the expungement happens after the appeal period ends and within 30 days after that (§ 17-22-950(C)).

Some records clear automatically. In magistrate and municipal court, if you were fingerprinted for the charge, the court must issue the expungement order itself, at no cost, once the appeal time runs out (§ 17-22-950(A)); the Judicial Branch tells courts to sign the order 31 to 40 days after the disposition if no one objects. If you weren't fingerprinted, you apply to that court for free (§ 17-22-950(B)). For charges resolved before the 2016 law (Act No. 132) took effect, the Judicial Branch says you apply to the summary court with form SCCA 223E whether or not you were fingerprinted. Either way, the charge must be removed from Internet-based public court records within 30 days of the disposition (§ 17-22-950(E)). General sessions charges require an application to the solicitor.

How to apply

  1. Magistrate or municipal court case: if you were fingerprinted, the court starts the order itself. If not, or if the charge was resolved before 2016, ask that court's clerk for the Application for Expungement (SCCA 223E) and file it there; there is no charge.
  2. The prosecutor or police may object within 30 days only on the grounds that you have other charges pending or that the charge isn't eligible; a circuit judge then decides (§ 17-22-950(F)).
  3. General sessions case: apply to the circuit solicitor's office in the county where you were charged, with a certified copy of the disposition from the clerk of court. The solicitor sends the order for the needed signatures, files it with the clerk and sends copies to the agencies and to you.
Where to file
The magistrate or municipal court that handled the case, or the circuit solicitor's office for general sessions charges.
Cost
Free: no solicitor administrative fee, no SLED verification fee and no clerk filing fee for expunging a dismissal, nolle prosequi or acquittal (§ 17-22-940(A)(1), (E)(1), (H)), and summary court expungements under § 17-22-950 are at no cost. If the charge was dismissed as part of a plea deal, the $250 administrative fee applies. Agencies may not charge to destroy records (§ 17-1-40(D)).
Court hearing
No
How long it takes
Summary court: within about 30 to 40 days after the disposition. Solicitor applications: the 11th Circuit Solicitor says up to 6 months.

Official forms

Expungement

Expungement after diversion (PTI, conditional discharge, alcohol or traffic education)

After pretrial intervention or a conditional discharge (drug, public disorderly conduct or prostitution), the order destroys or expunges official records of the arrest and case and restores you, in the eyes of the law, to the status you had before the arrest; you can't be charged with perjury or a false statement for not mentioning the arrest in response to any question (S.C. Code §§ 17-22-150(a), 44-53-450(B), 16-17-530(C), 16-15-115(B)). SLED keeps a nonpublic record of a conditional discharge so courts can tell whether a later offense is a repeat (§§ 44-53-450(A), 16-17-530(B), 16-15-115(A)).2,6,7

What it's for: Charges dismissed after completing pretrial intervention (PTI), a conditional discharge for first-offense drug possession, public disorderly conduct or prostitution, the Alcohol Education Program or the Traffic Education Program.

Who can use it

  • Successful completion of pretrial intervention, after which the solicitor enters a noncriminal disposition (§ 17-22-150(a)).
  • Dismissal after a conditional discharge for first-offense drug possession under § 44-53-370(c)-(d) or § 44-53-375(A); a conditional discharge is available only once (§ 44-53-450).
  • Dismissal after a conditional discharge for a first offense of public disorderly conduct, granted with the solicitor's approval; available only once (§ 16-17-530(A)-(C)).
  • New in 2026: dismissal after a conditional discharge for a first offense of prostitution under § 16-15-90; available only once (§ 16-15-115, added by 2026 Act No. 192, effective May 18, 2026).
  • Completion of the Alcohol Education Program (for people 17 to 20 charged with listed underage alcohol and related offenses) or the Traffic Education Program (for traffic offenses punishable only by a fine and 4 or fewer points) (§§ 17-22-520, 17-22-530, 17-22-310, 17-22-330).

What doesn't qualify

  • PTI is not available to people charged with DUI or driving with an unlawful alcohol concentration, crimes of violence (§ 16-1-60), blackmail, fine-only traffic offenses, certain 18-point fish and game offenses, or a domestic violence offense after a prior domestic violence conviction (§ 17-22-50(A)).
  • Since May 19, 2026, PTI can be used again only if at least 20 years have passed since you completed a previous PTI program; before then it was limited to once (§§ 17-22-50(C), 17-22-60(7), as amended by 2026 Act No. 216).
  • The Alcohol Education Program, the Traffic Education Program and each conditional discharge can be used only once (§§ 17-22-520(B), 17-22-320(A), 44-53-450(A), 16-17-530(B), 16-15-115(A)).

How long you have to wait

RecordWaiting period
Completed PTI, conditional discharge, Alcohol Education or Traffic Education ProgramNone; apply after the program is completed and the dismissal is entered

How to apply

  1. If you finished PTI, the Alcohol Education Program, the Traffic Education Program or drug court, contact your program case manager or the solicitor's office for its expungement steps (the 11th Circuit tells graduates not to use the regular application).
  2. For a conditional discharge, apply to the solicitor with a certified disposition and proof from the clerk or judge's office that you met all the conditions. The conditional discharge statutes say the court enters the order after a hearing (§§ 44-53-450(B), 16-17-530(C), 16-15-115(B)).
  3. The program director or summary court judge certifies eligibility, then the solicitor and a circuit judge sign the order (§ 17-22-940(D)).
Where to file
The circuit solicitor's office (or the diversion program) in the county where you were charged.
Cost
No SLED verification fee for PTI, Alcohol Education, Traffic Education or drug conditional discharge expungements (§ 17-22-940(E)(1)); that exemption does not list the disorderly conduct or prostitution conditional discharges. The statute charges the $250 solicitor administrative fee for every order except dismissals under § 17-1-40, and a clerk filing fee; the 11th Circuit lists $250 plus $35 for a drug conditional discharge expungement. Ask your program whether its fees already cover expungement.
If you can't pay
No fee waiver is listed. The $250 administrative fee can be waived only for people falsely accused because of identity theft (§ 17-22-940(J)). Each solicitor's office keeps a donation fund that can cover up to 50% of the administrative fee, first come, first served (§ 17-22-940(A)(2)). Program and conditional discharge fees themselves can be waived or reduced for people who can't pay (§§ 17-22-110, 17-22-550, 44-53-450(C), 16-17-530(D), 16-15-115(C)).
Court hearing
Sometimes
How long it takes
The 11th Circuit Solicitor says processing can take up to 6 months.

Official forms

Expungement

Expungement of minor-offense and third-degree domestic violence convictions

The circuit court orders the records of the arrest and conviction and any related bench warrant expunged. SLED keeps a nonpublic record of the offense and expungement date only to make sure no one uses this section twice (S.C. Code § 22-5-910). Except for criminal justice agencies, employers may not use expunged information against an employee (§ 17-22-960).2,4,10

What it's for: Convictions for offenses punishable by no more than 30 days in jail or a $1,000 fine (in magistrate, municipal or general sessions court), first-offense unlawful weapon possession punishable by up to 1 year, and third-degree domestic violence.

Who can use it

  • A conviction for a crime carrying a penalty of no more than 30 days in jail or a $1,000 fine, or both (§ 22-5-910(A)).
  • A first-offense conviction for unlawful possession of a firearm or weapon carrying a penalty of no more than 1 year or a $1,000 fine (added by 2024 Act No. 111, effective March 7, 2024) (§ 22-5-910(A)).
  • A conviction for third-degree domestic violence under § 16-25-20(D), or criminal domestic violence under former § 16-25-20(B)(1) (before June 4, 2015) (§ 22-5-910(B)).
  • No other conviction, including out-of-state convictions, during the waiting period (§ 22-5-910(C)); a minor traffic conviction not related to DUI doesn't count against you (§ 17-22-940(E)).
  • Closely connected offenses sentenced at one proceeding and arising from the same incident count as one conviction (§ 22-5-910(E)).
  • Applies to convictions from any date (§ 22-5-910(F)).

What doesn't qualify

  • Offenses involving the operation of a motor vehicle, including DUI (§ 22-5-910(A)).
  • Anyone with pending criminal charges, unless they have been pending more than 5 years (not counting time under a bench warrant for failure to appear) (§ 22-5-910(F)).
  • Anyone who has already used this section once (§ 22-5-910(F)).

How long you have to wait

RecordWaiting period
Offense punishable by up to 30 days or $1,000, or first-offense weapon possession3 years from the date of conviction, with no other conviction
Third-degree domestic violence (or pre-2015 criminal domestic violence)5 years from the date of conviction, with no other conviction

How to apply

  1. Get a certified copy of the disposition from the magistrate or municipal court or the clerk of court (printouts from the public index or a SLED rap sheet aren't accepted).
  2. Fill out the expungement application from the circuit solicitor's office in the county where the conviction happened; the solicitor's form is mandatory (§ 17-22-930).
  3. Submit it with separate certified checks or money orders: $250 to the solicitor, $25 to SLED and $35 to the clerk of court.
  4. SLED checks eligibility; the solicitor gets the summary court judge's and a circuit judge's signatures, files the order and sends copies to the agencies and to you. If the solicitor doesn't consent, a lawyer can ask the circuit court to decide (§ 17-22-940(I)).
Where to file
The circuit solicitor's office in the county where the conviction occurred; a circuit judge signs the order.
Cost
$250 nonrefundable administrative fee to the solicitor (kept even if the offense turns out to be ineligible or the solicitor doesn't consent), $25 SLED verification fee, and $35 clerk of court filing fee, which is refunded if the charge is ineligible (§ 17-22-940; SC Judicial Branch). Each order covers one charge.
If you can't pay
No fee waiver is listed. The $250 fee can be waived only for people falsely accused because of identity theft (§ 17-22-940(J)). Each solicitor's office keeps a donation fund that can pay up to 50% of the administrative fee, first come, first served (§ 17-22-940(A)(2)).
Court hearing
No
How long it takes
The 11th Circuit Solicitor says up to 6 months after it receives a complete application.

Official forms

Expungement

Expungement of a first-offense drug conviction

The circuit court orders the records of the arrest and conviction and any related bench warrant expunged; SLED keeps a nonpublic record only to prevent a second use. An expungement doesn't undo an enhanced conviction or sentence imposed before December 27, 2018 (S.C. Code § 22-5-930).5,10

What it's for: A first conviction for simple drug possession or prescription drug possession, or for possession with intent to distribute.

Who can use it

  • A first-offense conviction for simple possession of a controlled substance or unlawful possession of a prescription drug (§ 40-43-86(EE)), including charges that would now qualify for a conditional discharge, 3 years after completing the sentence (including probation and parole), with no other conviction in that time (§ 22-5-930(A), (C)).
  • A first-offense conviction for possession with intent to distribute, 20 years after completing any sentence for a drug or felony conviction, with no other drug or felony conviction in that time (§ 22-5-930(B)-(C)).
  • Closely connected offenses sentenced together from one incident count as one conviction (§ 22-5-930(F)).

What doesn't qualify

  • Anyone with pending criminal charges, unless pending more than 5 years (§ 22-5-930(D)).
  • Anyone who had a conditional discharge within 5 years before the arrest (for marijuana possession) or 10 years before the arrest (for other drugs or prescription drugs) (§ 22-5-930(D)).
  • Anyone who has already used this section once (§ 22-5-930(D)).

How long you have to wait

RecordWaiting period
First-offense simple possession (including marijuana) or prescription drug possession3 years after completing the sentence, including probation and paroleNo other conviction during those 3 years.
First-offense possession with intent to distribute20 years after completing the sentence, including probation and paroleNo other drug or felony conviction during those 20 years.

How to apply

  1. Apply to the circuit solicitor's office in the county of conviction with a certified disposition and the solicitor's application form, as for other conviction expungements.
Where to file
The circuit solicitor's office in the county where the conviction occurred; a circuit judge signs the order.
Cost
$250 solicitor administrative fee, $25 SLED verification fee and $35 clerk filing fee, paid by separate certified checks or money orders (§ 17-22-940; 11th Circuit Solicitor fee table).
If you can't pay
No fee waiver is listed. Only the identity-theft waiver and the solicitor's donation fund (up to 50% of the administrative fee) are provided (§ 17-22-940(A)(2), (J)).
Court hearing
No

Official forms

Expungement

Expungement of a Youthful Offender Act conviction

The circuit court orders the records of the arrest and conviction expunged; SLED keeps a nonpublic record only to prevent a second use (S.C. Code § 22-5-920).5,10,11

What it's for: A first-offense conviction for which you were sentenced under the Youthful Offender Act (generally people under 25 at conviction, for misdemeanors and lower-level nonviolent felonies).

Who can use it

  • A first-offense conviction for which you were sentenced under the Youthful Offender Act (S.C. Code Title 24, Chapter 19) (§ 22-5-920(B)(1)). The Act covers people 17 to 24 at conviction (and some younger people tried as adults) for nonviolent misdemeanors, Class D, E or F felonies, or felonies with a maximum of 15 years or less (§ 24-19-10(d)).
  • No conviction (including out-of-state) while serving the sentence, including probation and parole, and for 5 years after finishing it; driving under suspension and pre-May 17, 2018 disturbing-schools convictions don't count (§ 22-5-920(B), as amended by 2023 Act No. 73).
  • People convicted before June 2, 2010 who met the youthful offender definition qualify even if not sentenced under the Act (§ 22-5-920(B)(3)).

What doesn't qualify

  • Offenses involving the operation of a motor vehicle (§ 22-5-920(B)(2)(a)).
  • Violent crimes listed in § 16-1-60 (§ 22-5-920(B)(2)(b)).
  • Domestic violence offenses in Title 16, Chapter 25, except as § 16-25-30 allows (§ 22-5-920(B)(2)(c)).
  • Offenses that require sex offender registration (§ 22-5-920(B)(2)(d)).
  • Someone eligible for a youthful offender sentence who didn't receive one (for convictions on or after June 2, 2010), or anyone who has already used this section once (§ 22-5-920(B)(3)).

How long you have to wait

RecordWaiting period
First-offense Youthful Offender Act conviction5 years after completing the sentence, including probation and paroleNo other conviction during the sentence or those 5 years.

How to apply

  1. Apply to the circuit solicitor's office in the county of conviction with a certified disposition and the solicitor's application form.
Where to file
The circuit solicitor's office in the county where the conviction occurred; a circuit judge signs the order.
Cost
$250 solicitor administrative fee, $25 SLED verification fee and $35 clerk filing fee (§ 17-22-940; 11th Circuit Solicitor fee table).
If you can't pay
No fee waiver is listed. Only the identity-theft waiver and the solicitor's donation fund (up to 50% of the administrative fee) are provided (§ 17-22-940(A)(2), (J)).
Court hearing
No

Official forms

Expungement

Expungement for bad checks, failure to stop for police, and old handgun charges

The court orders the records of the arrest and conviction expunged; SLED (and the Department of Motor Vehicles, for failure to stop) keeps a nonpublic record only to prevent a second use (S.C. Code §§ 34-11-90(e)-(f), 56-5-750(F)).12,13,14

What it's for: Misdemeanor fraudulent check convictions, a first-offense misdemeanor for failing to stop for a police vehicle, and unlawful handgun possession charges or convictions from before March 7, 2024.

Who can use it

  • A first-offense misdemeanor fraudulent check conviction, 1 year after the conviction with no other conviction; the court must grant it (§ 34-11-90(e)). A fraudulent check is a felony, and not eligible, when the check exceeds $5,000.
  • New in 2026: multiple misdemeanor fraudulent check convictions in magistrates court within a 3-year period, 10 years after the last conviction, with no other conviction in that time and full restitution paid on all the checks; the court must grant it, and this is available in addition to the first-offense route (§ 34-11-90(f), added by 2026 Act No. 248, effective June 25, 2026).
  • A first-offense misdemeanor conviction for failure to stop for a police vehicle with no great bodily injury or death, 3 years after completing the sentence with no other conviction; the court must grant it (§ 56-5-750(F)).
  • One conviction for unlawful possession of a handgun under former § 16-23-20 from before the 2024 Constitutional Carry Act; the application must be made within 5 years after that law took effect on March 7, 2024 (§ 17-1-65(A)).
  • Unlawful handgun possession charges from before the 2024 Act that were still pending must be dismissed and expunged by the State; if the handgun charge was brought with other charges from the same events, it is dismissed once those are resolved, and the expungement is available only if you haven't already used the conviction route above (§ 17-1-65(B), as amended by 2026 Act No. 260, effective January 14, 2026).

What doesn't qualify

  • Felony fraudulent check or felony failure-to-stop convictions (§§ 34-11-90, 56-5-750(F)).
  • Since May 12, 2026, failure to stop that involves a high-speed pursuit is a felony, so it can't be expunged under this route (§ 56-5-750(B)(3), as amended by 2025 Act No. 38).
  • Each route can be used only once.

How long you have to wait

RecordWaiting period
First-offense misdemeanor fraudulent check1 year from the date of conviction
Multiple misdemeanor fraudulent checks within 3 years10 years from the last convictionFull restitution required. In effect since June 25, 2026.
First-offense failure to stop for a police vehicle3 years after completing the sentence
Pre-2024 unlawful handgun possession convictionNone, but apply within 5 years after March 7, 2024

Some records clear automatically. Pending pre-2024 unlawful handgun possession charges must be dismissed and expunged by the State (§ 17-1-65(B)). The other routes require an application.

How to apply

  1. Apply to the circuit solicitor's office in the county of conviction with a certified disposition and the solicitor's application form; for multiple fraudulent checks, bring proof that restitution was paid in full.
Where to file
The circuit solicitor's office in the county where the conviction occurred.
Cost
$250 solicitor administrative fee, $25 SLED verification fee and $35 clerk filing fee for fraudulent check and failure-to-stop expungements (11th Circuit Solicitor fee table; § 17-22-940). We did not find a fee rule specific to the handgun expungement.
If you can't pay
No fee waiver is listed. Only the identity-theft waiver and the solicitor's donation fund (up to 50% of the administrative fee) are provided (§ 17-22-940(A)(2), (J)).
Court hearing
No

Official forms

Pardon

Pardon

A pardon fully forgives the legal consequences of the crime and conviction, direct and collateral (S.C. Code § 24-21-940), and restores civil rights lost because of it, including the right to vote, serve on a jury, hold most public offices and be licensed for an occupation that requires a license (§ 24-21-990). It does not remove the conviction from your record; the 1st Circuit Solicitor says the conviction is noted as "pardoned."16,17,18

What it's for: Any South Carolina conviction, including those that can't be expunged, once the sentence is finished.

Who can use it

  • People who were on probation: any time after discharge from supervision (§ 24-21-950(A)(1)).
  • People who were paroled: after 5 years of successful supervision, or after discharge if the parole period was shorter (§ 24-21-950(A)(3)).
  • People discharged from a sentence without supervision: any time after discharge (§ 24-21-950(A)(2), (B)).
  • All restitution must be paid in full, including restitution converted to a civil judgment (SCDPPPS, citing § 17-25-322).
  • People still in prison only in the most extraordinary circumstances or with a terminal illness and a life expectancy of 1 year or less (§§ 24-21-950(A)(4), 24-21-970; SCDPPPS).

What doesn't qualify

  • After a denial, you must wait 1 year before reapplying (§ 24-21-960(B)).

How long you have to wait

RecordWaiting period
ProbationAny time after discharge from supervision
ParoleAfter 5 years of successful supervision, or at discharge if the parole period was shorter
Sentence served with no supervisionAny time after discharge

How to apply

  1. Get the current Pardon Application (revision date 5/22/2025; older versions are not accepted after September 1, 2025) from the SCDPPPS website or by calling 803-734-3505.
  2. Complete and sign it, have the release-of-information section notarized, and attach signed letters of support dated within the last 6 months, plus a certified statement that restitution is paid.
  3. Submit it with the $100 fee to SCDPPPS Paroles, Pardons and Release Services, Attn: Pardon Application Processing (293 Greystone Blvd. / P.O. Box 207, Columbia, SC); follow the mailing instructions on the form.
  4. The Board of Paroles and Pardons holds a hearing; a pardon needs the votes of at least two-thirds of the board.
Where to file
South Carolina Department of Probation, Parole and Pardon Services (Board of Paroles and Pardons).
Cost
$100 nonrefundable application fee, paid by USPS money order or cashier's check to SCDPPPS (§ 24-21-960(A); SCDPPPS).
Court hearing
Yes
How long it takes
SCDPPPS says it takes an average of 7 to 9 months from receipt of the paperwork until a hearing is scheduled.

Official forms

Automatic clearing

South Carolina has no Clean Slate law and does not clear convictions automatically. Some non-conviction records are cleared without an application: when a magistrate or municipal court case ends in a not-guilty verdict, dismissal or nolle prosequi and the person was fingerprinted, the court must issue an expungement order at no cost after the appeal period, and all such summary court charges must be removed from Internet-based public records within 30 days of the disposition (S.C. Code § 17-22-950, as rewritten by 2016 Act No. 132). Since June 25, 2026, police and prosecutors must destroy arrest records within 180 days after an investigation shows a person was arrested because of mistaken identity, at no cost (§ 17-1-43, added by 2026 Act No. 248). Pending pre-2024 unlawful handgun possession charges must be dismissed and expunged (§ 17-1-65(B), 2026 Act No. 260).2,3,13,15

DUI and DWI records in South Carolina

A DUI conviction can't be expunged in South Carolina. The minor-offense expungement statute excludes any offense involving the operation of a motor vehicle (S.C. Code § 22-5-910(A)), the Youthful Offender Act expungement excludes motor vehicle offenses (§ 22-5-920(B)(2)(a)), and DUI isn't on any other expungement list. People charged with DUI or driving with an unlawful alcohol concentration can't enter pretrial intervention (§ 17-22-50). A minor traffic conviction that isn't related to DUI doesn't block the minor-offense, Youthful Offender, fraudulent check or failure-to-stop expungements, but a DUI-related one can (§ 17-22-940(E)). A DUI charge that was dismissed or ended in a not-guilty verdict can be expunged like any other non-conviction (§ 17-1-40). A pardon can restore rights after a DUI conviction but does not remove it from the record.1,2,10

Arrests and dismissed charges

Charges that were dismissed, dropped (nolle prossed), no-billed or ended in a not-guilty verdict can be expunged at no cost (S.C. Code §§ 17-1-40, 17-22-940). In magistrate and municipal court, the court issues the order itself if you were fingerprinted, or you apply to that court for free if you weren't, and the charge must come off online public court records within 30 days (§ 17-22-950). For general sessions charges, you apply to the circuit solicitor's office; no administrative, SLED or clerk fee is charged unless the charge was dismissed as part of a plea deal (then the $250 fee applies). After expungement, arrest records, mug shots and fingerprints are destroyed, though police and prosecutors keep them under seal for 3 years and 120 days (§ 17-1-40). Bond paperwork must tell people they can seek expungement if charges are dismissed (§ 17-1-45). Since June 25, 2026, records of an arrest caused by mistaken identity must be destroyed within 180 days after an investigation shows the mistake (§ 17-1-43).1,2,5,13

Marijuana records

South Carolina has no marijuana-specific expungement law. A first offense for possessing 1 ounce (28 grams) or less of marijuana or 10 grams or less of hashish is a misdemeanor punishable by up to 30 days or a $100 to $200 fine, and conditional discharge may be granted with the solicitor's approval (S.C. Code § 44-53-370(d)(5)); pretrial intervention may also be available. A completed conditional discharge or PTI can be expunged (§§ 44-53-450, 17-22-150). A first-offense possession conviction can be expunged 3 years after the sentence ends under § 22-5-930, and because the penalty is 30 days or less it may also qualify under § 22-5-910 (3 years from conviction). Section 22-5-930 is not available if you had a conditional discharge within 5 years before a marijuana possession arrest.9,10

What employers can see afterward

Except for criminal justice agencies, employers may not use expunged information against an employee, and an employer that employs someone with an expunged offense can't face any administrative or legal claim related to that offense; expungement information can't be used as evidence in negligent hiring or retention cases (S.C. Code § 17-22-960). After expungement of a PTI or conditional discharge record, you are restored to your pre-arrest status and can't be charged with perjury for not mentioning the arrest (§§ 17-22-150(a), 44-53-450(B)). South Carolina has no statewide ban-the-box or fair-chance law for private employers; a "Ban the Box Act" (H. 3272) was introduced in 2025 but never moved out of a House committee during the 2025-2026 session. A pardon restores the right to be licensed for an occupation that requires a license (§ 24-21-990).2,9,16,19

Free help in South Carolina

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.23,24,25
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.26,27

This page explains South Carolina's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in South Carolina?" https://secondchanceindex.com/record-clearing/south-carolina, checked October 22, 2026.

Embed this answer on your site · Download it as an image

Sources

Each source was opened and checked on October 22, 2026.

  1. S.C. Code §§ 17-1-40, 17-22-950
  2. S.C. Code Title 17, Chapter 22, Article 9 (§§ 17-22-910 to 17-22-960)South Carolina Legislature
  3. Expungements in Magistrate and Municipal CourtsSouth Carolina Judicial Branch
  4. Expungement Application Process for General SessionsSouth Carolina Judicial Branch
  5. Expungement - FAQsSouth Carolina Eleventh Judicial Circuit Solicitor's Office
  6. H. 4720, 2026 Act No. 216 (PTI eligibility after 20 years; amends §§ 17-22-50, 17-22-60)South Carolina Legislature
  7. S.C. Code § 16-17-530, Public disorderly conduct; conditional discharge for first-time offendersSouth Carolina Legislature
  8. S. 235, 2026 Act No. 192 (prostitution; adds § 16-15-115 conditional discharge and expungement)South Carolina Legislature
  9. S.C. Code § 44-53-450, Conditional discharge; eligibility for expungementSouth Carolina Legislature
  10. S.C. Code § 22-5-910
  11. S.C. Code § 24-19-10, Youthful Offender Act definitionsSouth Carolina Legislature
  12. S.C. Code §§ 34-11-90(e)-(f), 56-5-750(F), 17-1-65
  13. S. 428, 2026 Act No. 248 (fraudulent check expungement; mistaken identity arrest records)South Carolina Legislature
  14. S.C. Code § 56-5-750, Failure to stop motor vehicle when signaled by law-enforcement vehicleSouth Carolina Legislature
  15. S. 136, 2026 Act No. 260 (dismissal and expungement of pending handgun charges)South Carolina Legislature
  16. S.C. Code §§ 24-21-920 to 24-21-1000
  17. Pardon ApplicationSouth Carolina Department of Probation, Parole and Pardon Services
  18. Expungement (Pardons section)First Judicial Circuit Solicitor's Office
  19. H. 3272, Ban the Box Act (2025-2026 session)South Carolina Legislature
  20. South Carolina Code of Laws (disclaimer: current through the 2025 session)South Carolina Legislature
  21. 2025-2026 Ratifications/Acts LogSouth Carolina Legislature
  22. LawHelp.org/SC: We're Updating Our Resources (intake temporarily unavailable)South Carolina Legal Services
  23. List of consumer reporting companiesConsumer Financial Protection Bureau
  24. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  25. Employer Background Checks and Your RightsFederal Trade Commission
  26. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  27. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)