Clearing a criminal record in South Carolina: what to do

Checked against official sources: Oct 25, 2026

In South Carolina:

What it's called and what it does
In South Carolina it is called expungement: an expungement order makes the record non-public.
Waiting periods
Pretrial intervention (PTI) completed: No waiting period, counted from noncriminal disposition after PTI; Conviction with penalty of 30 days / $1,000 or less: 3 years, counted from date of…
Do this now
Get a copy of your own criminal record and the court papers for each case.

General legal information, not legal advice. RobinClaim is not a law firm.

Build your plan

Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.

Your plan for South Carolina

Do now

  1. Get a copy of your own criminal record and the court papers for each case.

    Why: You need each arrest, charge and how it ended to see which of your state's remedies fits. Record Clear Map's free letter asks your state's records office for a copy.

  2. Look up what your state calls clearing a record and which records may qualify.

    South Carolina: In South Carolina it is called expungement: an expungement order makes the record non-public.

    Why: Each state has its own remedies, its own list of records that may qualify and its own exclusions.

  3. If the case was in federal court, know that state record-clearing laws don't apply to it.

    Why: Federal law has no general way to expunge or seal a federal conviction; the main relief is a presidential pardon, which you apply for with the Office of the Pardon Attorney.

  4. If you are not a U.S. citizen, talk to an immigration lawyer or accredited representative before you rely on a state order.

    Why: A state expungement or a dismissal under a rehabilitation law may not remove a conviction for federal immigration purposes.

This week

  1. Check your state's waiting period for your kind of case, and the date it is counted from.

    Waiting periods

    South Carolina: Pretrial intervention (PTI) completed: No waiting period, counted from noncriminal disposition after PTI; Conviction with penalty of 30 days / $1,000 or less: 3 years…

    Why: The law sets a waiting period for each kind of case, often counted from the end of the case or the end of the sentence.

  2. Check whether your state clears some records automatically.

    South Carolina: Yes: Summary court expungement of dismissals and acquittals.

    Why: Some states clear some records without a petition (Clean Slate and similar laws), usually only some records and after a waiting period; in others a record is cleared only when you ask.

  3. Get free help from legal aid to check whether your record qualifies.

    Why: Exclusions and new offenses can matter as much as the waiting period. We explain the rules; we can't check your case.

If it's not resolved

  1. File the petition or application with your state's official forms, and pay the fee or ask about a fee waiver.

    Why: Most remedies start with a request to the court that handled the case, and the court decides each request.

  2. After a record is cleared, keep a copy of the order and check that background check reports were updated.

    Why: If a background check company still reports a sealed or expunged record, you can dispute it and send a copy of the court order with your dispute.

Deadlines

What it's called and what it does

General rule: see state

In South Carolina:

In South Carolina it is called expungement: an expungement order makes the record non-public. Some misdemeanor convictions may be cleared, and South Carolina also clears some records automatically.

Law: S.C. Code §§ 17-1-40, 17-22-150, 17-22-910 to 17-22-950, 44-53-450(B) · checked Oct 2026 · Official source

Waiting periods

General rule: see state

In South Carolina:

Pretrial intervention (PTI) completed: No waiting period, counted from noncriminal disposition after PTI; Conviction with penalty of 30 days / $1,000 or less: 3 years, counted from date of conviction; First unlawful possession of a firearm or weapon (up to 1 year): 3 years, counted from date of conviction; Domestic violence 3rd degree: 5 years, counted from date of conviction; First simple possession of a controlled substance: 3 years, counted from completion of sentence, including probation and parole

Law: S.C. Code §§ 17-1-40, 17-22-150, 17-22-910 to 17-22-950, 44-53-450(B) · checked Oct 2026 · Official source

Automatic clearing (Clean Slate)

General rule: see state

In South Carolina:

Yes: Summary court expungement of dismissals and acquittals. Started: Summary court rule: 2016; mistaken identity: June 25, 2026.

Law: S.C. Code §§ 17-22-950, 17-1-43 · checked Oct 2026 · Official source

Filing fee

General rule: see state

In South Carolina:

Expungement of charges dismissed, discharged, nolle prossed or found not guilty: No fee for charges that were dismissed, discharged, nolle prossed or found not guilty, unless the charge was dropped as part of a plea deal on other charges. For completed PTI, conditional discharge, or alcohol or traffic education programs, the $250 nonrefundable solicitor administrative fee applies (no SLED fee), and the clerk filing fee may also apply (§ 17-22-940(A), (E)(1), (F); SC Judicial Branch).

Law: S.C. Code §§ 17-1-40, 17-22-150, 17-22-910 to 17-22-950, 44-53-450(B) · checked Oct 2026 · Official source

Key facts for South Carolina

Record Clear Map

What it's called
Expungement
Convictions
Some misdemeanor convictions may be cleared.
Automatic clearing (Clean Slate)
Yes (Summary court expungement of dismissals and acquittals)
Automatic clearing started
Summary court rule: 2016; mistaken identity: June 25, 2026.
Example waiting period
First misdemeanor fraudulent check conviction: 1 year, counted from date of conviction
Filing fee
No fee for charges that were dismissed, discharged, nolle prossed or found not guilty, unless the charge was dropped as part of a plea deal on other charges.

Record Clear Map: South Carolina · checked Oct 2026

Documents to gather

  • A copy of your own state record (and your FBI record if you were arrested in more than one state)
  • Court papers showing how each case ended, with the case numbers
  • Proof that you finished your sentence, probation or payments
  • Your state's official forms

Where to go

Costs

Fees depend on the state and the remedy: some states charge nothing, others charge a court filing fee and agency processing fees, and some allow a fee waiver. Your state's fee is shown in your plan. Record Clear Map's waiting-period helper, letter and checklist are free.

Talk to a lawyer if

  • You are not a U.S. citizen
  • You have an open case, or are still on probation or parole
  • The case was in federal court or in more than one state
  • The offense may be on your state's excluded list, such as some violent or sex offenses
  • Your request was denied

Free help

Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help). Record Clear Map lists free legal help for each state. Court clerks can't give legal advice.

Guides for your state

Guides for every state

Questions

What it's called and what it does in South Carolina: what is the rule?

In South Carolina it is called expungement: an expungement order makes the record non-public. Some misdemeanor convictions may be cleared, and South Carolina also clears some records automatically. (S.C. Code §§ 17-1-40, 17-22-150, 17-22-910 to 17-22-950, 44-53-450(B))

Waiting periods in South Carolina: what is the rule?

Pretrial intervention (PTI) completed: No waiting period, counted from noncriminal disposition after PTI; Conviction with penalty of 30 days / $1,000 or less: 3 years, counted from date of conviction; First unlawful possession of a firearm or weapon (up to 1 year): 3 years, counted from date of conviction; Domestic violence 3rd degree: 5 years, counted from date of conviction; First simple possession of a controlled substance: 3 years, counted from completion of sentence, including probation and parole (S.C. Code §§ 17-1-40, 17-22-150, 17-22-910 to 17-22-950, 44-53-450(B))

Automatic clearing in South Carolina: what is the rule?

Yes: Summary court expungement of dismissals and acquittals. Started: Summary court rule: 2016; mistaken identity: June 25, 2026. (S.C. Code §§ 17-22-950, 17-1-43)

Filing fee in South Carolina: what is the rule?

Expungement of charges dismissed, discharged, nolle prossed or found not guilty: No fee for charges that were dismissed, discharged, nolle prossed or found not guilty, unless the charge was dropped as part of a plea deal on other charges. For completed PTI, conditional discharge, or alcohol or traffic education programs, the $250 nonrefundable solicitor administrative fee applies (no SLED fee), and the clerk filing fee may also apply (§ 17-22-940(A), (E)(1), (F); SC Judicial Branch). (S.C. Code §§ 17-1-40, 17-22-150, 17-22-910 to 17-22-950, 44-53-450(B))

When should I talk to a lawyer?

You are not a U.S. citizen; You have an open case, or are still on probation or parole; The case was in federal court or in more than one state; The offense may be on your state's excluded list, such as some violent or sex offenses; Your request was denied.

How much does it cost?

Fees depend on the state and the remedy: some states charge nothing, others charge a court filing fee and agency processing fees, and some allow a fee waiver. Your state's fee is shown in your plan. Record Clear Map's waiting-period helper, letter and checklist are free.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-25.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.