RECORD RELIEF
RECORD RELIEF
IN SOUTH CAROLINA.
This page is not legal advice and cannot be. It is an orientation so that you know what the words mean and which office to call. Every decision about your actual record belongs to the Solicitor's office in your county, South Carolina Legal Services, SC Appleseed Legal Justice Center, or your own attorney.
Two different remedies
People use these words interchangeably and they are not the same thing.
Expungement destroys the record. Where it is granted, the charge or conviction is removed so that it no longer appears on a background check. That is the outcome most people are actually asking about when they say they want their record cleared.
A pardon is a different remedy with a different effect. The conviction stays on your record; it is marked as pardoned. It can restore certain rights and it signals something to an employer or a licensing body, but it does not make the conviction disappear from a background check. Pardons in South Carolina are handled through the Department of Probation, Parole and Pardon Services, which is a separate process from expungement entirely.
Which one is even available to you depends on the specifics of your case. That is the question to take to an attorney or a legal services organization, not to a website.
It is also worth knowing why this matters beyond the principle of it. A record that is expunged stops answering questions about you before you get to. It changes what a background check returns for a job, a rental application, a licensing board. For some men that is the single highest-value piece of paperwork available to them, and it is frequently left undone for years because nobody ever told them which office to call.
Where you apply in South Carolina
This trips people up constantly, and going to the wrong office wastes weeks.
- Non-convictions in Magistrate or Municipal Court — apply through that Court directly.
- Everything else — apply through the Solicitor's office in the county where the charge or conviction occurred. Not where you live now. Where it happened.
If you have charges from more than one county, you are dealing with more than one office, and each runs its own process and timeline. Start by calling the Solicitor's office in the relevant county and asking what their application process is and what they need from you.
This is one piece of a bigger picture; the free real estate investing playbook has the rest.
What may be eligible, and what generally is not
The categories below are the ones commonly described as potentially eligible in South Carolina. Potentially is doing real work in that sentence — eligibility depends on the specific charge, the disposition, your full record and current law.
- Charges that were dismissed.
- Not-guilty verdicts.
- Charges dismissed through a diversion program.
- Certain first-offense misdemeanors.
- Some drug possession convictions, subject to waiting periods.
- Nonviolent juvenile offenses.
Generally not expungeable: traffic convictions and fish and wildlife convictions.
Waiting periods range roughly from one year to twenty years after completion of the sentence — and completion means the whole sentence, including probation and parole, not the day you walked out. Where your specific charge falls in that range is precisely the sort of question that needs a lawyer looking at your actual record.
The stated fees
Fees are commonly stated as follows, and they vary by expungement type. Some types are exempt from some or all of these.
| Paid to | Stated fee |
|---|---|
| Solicitor's office | $250 |
| Clerk of Court | $35 |
| SLED | $25 |
Confirm the current amounts and which apply to your type of expungement with the Solicitor's office before you send anything. Fee schedules change, and exemptions exist that are not always volunteered.
If the cost is the obstacle, ask about exemptions and fee waivers directly, and ask South Carolina Legal Services whether you qualify for help. A great deal of record-relief work in this state is done by legal aid organizations at no cost to the person, and men frequently do not ask because they assume the answer is no.
Who to call, and what not to do
The four places worth your first phone calls:
- The Solicitor's office in the county where the charge occurred. Ask what their expungement application process is and what documents they need.
- South Carolina Legal Services. Ask whether you qualify for assistance and whether they handle record relief in your area.
- SC Appleseed Legal Justice Center. A statewide source of plain-language material on exactly this subject.
- Your own attorney, if you can get to one. A single consultation that tells you accurately whether you are eligible is worth more than months of guessing.
Two warnings. Be careful with paid services that advertise record clearing online; the application process is one you or a legal aid organization can generally handle, and paying a company that does not know South Carolina procedure is a common way to lose money you do not have.
And do not assume a charge is gone. Men sometimes believe an old case was dismissed or expunged and it is still showing on background checks years later. Find out what is actually on your record before you assume anything about it.
Frequently asked
Questions people actually ask
Is this page legal advice?
No. It is orientation only. Every question about your own record belongs to the Solicitor's office in the county where the charge occurred, South Carolina Legal Services, SC Appleseed Legal Justice Center, or your own attorney.
Where do I apply for an expungement in South Carolina?
For non-convictions in Magistrate or Municipal Court, through that Court. For everything else, through the Solicitor's office in the county where the charge or conviction occurred — not the county where you live now.
What is the difference between an expungement and a pardon?
An expungement destroys the record so it no longer appears on a background check. A pardon leaves the conviction on the record but marks it pardoned. Pardons are handled through the Department of Probation, Parole and Pardon Services.
How long do I have to wait?
Waiting periods range roughly from one to twenty years after you complete your sentence, including probation and parole, depending on the charge type. Where yours falls is a question for an attorney or legal services.
What does it cost?
Commonly stated fees are $250 to the Solicitor, $35 to the Clerk of Court and $25 to SLED. These vary by expungement type and some types are exempt. Confirm current amounts with the Solicitor's office, and ask legal services whether you qualify for help.
Can traffic convictions be expunged?
Generally no. Traffic convictions and fish and wildlife convictions are typically not eligible. Ask the Solicitor's office about your specific case.
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