Erasing Your Criminal Background Legally: South Carolina Edition

Expunging or Sealing Adult Criminal Records in South Carolina
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grupoavigase.com/includes/114/3819-contacto-sexo.php However, motor vehicle offenses do not qualify. You are allowed only one expungement under this law. First-offense conviction for the simple possession of a controlled substance. First-offense conviction for fraudulent checks.

If you were a first offender and there are no other criminal proceedings against you, you may apply to have your record expunged after waiting one year from the date of your conviction. Felony check offenses are not eligible. First-offense conviction for failure to stop for law enforcement. If you were a first offender, you may apply to have your record expunged after waiting three years from the date of your conviction.

You must have had no other convictions during that time, and you are allowed only one expungement under this law. Failure-to-stop offenses that are classified as felonies are not eligible. Conviction or a nonviolent offense if you were under the age of 25 at the time of the crime. If you were sentenced to probation or treatment for one of the nonviolent offenses specified in the statute, you may apply to have the related record expunged after waiting five years from the date of your conviction.

In order to be eligible, you must have no other convictions on your record. However, the following offenses do not qualify:. You are allowed only one expungement under the law. Cleaning up a criminal history can be complicated. If you are not sure whether your record qualifies for expungement in South Carolina—or for advice about your personal situation—you should contact a qualified criminal law attorney. A good lawyer can guide you each step of the way. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Marketing Lawyer Directory. May also be regained through pardon. Public hearing; publication of board recommendation to governor, with reasons. Pardon relieves legal consequences of conviction, but conviction must still be reported.

Pardons increasingly rare since ; Gov. Brewer issued 12 pardons in her six years in office, all in her last month in office. Governor Doug Ducey has issued no pardons to date. Juvenile adjudications may be set aside upon reaching 18 years of age and discharge from sentence, except for serious violent offenses; remain predicate offense. Non-conviction records may not be sealed or expunged, but may be amended to note that a person has been cleared of any arrests or indictments that did not lead to conviction. Ban-the-box in state hiring by executive order.

Comprehensive law established standards for occupational licensure linked to public safety, a procedure for obtaining a preliminary determination of eligibility. Beginning in , licensing agencies must report to the legislature of number of applications and dispositions. Misdemeanors and non-conviction records may not be considered.

Unlucky Enough To Have Been Caught

Law further amended in to prohibit consideration of most felony convictions after 7 years. In provisional licenses were authorized. Vote restored by completion of sentence; jury eligibility restored by pardon; office eligibility restored by expungement. Relieves legal disabilities and is grounds for automatic expungement; pardoned conviction may not serve as predicate or to enhance. Firearms rights must be restored separately. Pardons issued regularly, about each year. Deferred adjudication for first-time offenses may result in sealing serious violent offenses and certain sex offenses ineligible.

In law tightened to prohibit consideration of convictions that have been sealed or pardoned, and provide standards for waiver. Vote restored upon completion of prison sentence, including parole; jury and office eligibility restored by pardon. Judicial Certificate of Rehabilitation, first step in pardon process, available to state residents after years, and parole board must make pardon recommendation to governor within one year of receiving certificate.

Pardon restores civil rights and removes occupational bars but does not expunge record; firearms rights restored separately. Pardons relatively frequent under Governor Brown. This relief does not seal record, but restores rights and removes disabilities, and has other employment-related benefits. Conviction may still be used as predicate offense and must be disclosed in certain contexts.

Records of decriminalized marijuana convictions may be dismissed and sealed. Records of human trafficking arrests and convictions may be vacated and expunged after three years. Mandatory sealing of most non-conviction records upon petition effective Eligible juvenile misdemeanor arrest records must be sealed upon request. Certificate of Rehabilitation COR available to peoplw with state offenses from court in county of residence or court of conviction after crime-free waiting period of years residence, and satisfaction of other statutory criteria.

COR relieves certain licensing restrictions as well as obligation to register as sex offender, serves as first step in the pardon process. Investigative Consumer Reporting Agencies Act limits reporting by background checking companies. Fair Employment and Housing Act FEHA imposes state-wide ban-the-box law for public and most private employment no inquiry into conviction history until determined applicant receives a conditional offer.

Vote and office eligibility restored upon discharge from prison sentence, including parole. No eligibility restrictions. No public hearing; governor must seek views of corrections authorities, DA, and judge. Pardon restores civil rights and firearms rights. Pardons infrequent. Eligibility waiting periods range from one year in the case of petty offenses, to three years for misdemeanors and lower-level felonies, to five years for all other eligible felonies. Minor drug felonies may be vacated and reduced to misdemeanors, making many of them eligible for sealing.

Mandatory sealing of decriminalized misdemeanor marijuana offenses. Non-conviction records must be sealed where charges completely dismissed or person acquitted. Deferred sentencing dispositions may also lead to sealing. Defendants may move immediately and informally to have records sealed at the time of acquittal or dismissal of all charges, including dismissal pursuant to diversion or deferred sentencing. Under scheme, juvenile record expungement mandatory in the case of most petty offenses and misdemeanors, or where no conviction results; expungement discretionary for low-level felonies after eligibility waiting period, which is longer for people with repeat offenses.

In addition to record-closing relief, sentencing courts are authorized to grant relief from collateral consequences at or after sentencing in most cases. In , new language prohibits a licensing agency or public employer from adverse action based on non-conviction records, convictions that have been pardoned, sealed or expunged, or convictions as to which a court has issued an order of collateral relief. Licensing agencies have authority to grant conditional licenses to individuals with a criminal record.

State-wide ban-the-box for public employment, with some exceptions no background check until applicant is finalist or conditional offer made. Certain records including non-conviction records may not be considered, and detailed standards apply to consideration of others. Effective September 1, , state-wide ban-the-box on initial application forms for private employers with 11 or more employees all private employers by effective September 1, At later stages of the hiring process, private employers may consider all criminal history and at any time may review publicly accessible criminal history reports.

Employers protected from negligent hiring suits. General Assembly reviews agency licensing and certification processes to determine whether they disqualify applicants based on criminal history and if so whether such disqualification serves public safety or commercial or consumer protection interests. Vote and office eligibility restored upon completion of prison sentence, including parole, and payment of fine, except that vote remains lost while on probation for election law offense.

Jury eligibility automatically restored seven years after conviction unless person remains incarcerated. Eligibility five years after completion of sentence for felonies, three years for misdemeanors. Public hearing generally required, with board giving reasons for denial. Process takes about one year. Provisional pardons and certificates may be sought any time after sentencing, and are available to individuals with out-of-state and federal convictions. Pardoned offenses erased three years after final disposition of criminal case. After two to four-year waiting period, people with juvenile offenses at least 17 years of age may petition for erasure of police and court records if no subsequent convictions.

Non-conviction records erased. Private employers may not deny employment solely on basis of conviction if provisionally pardoned or granted certificate of rehabilitation. Inquiry into erased convictions prohibited. State-wide ban-the-box in public and private employment, with some exceptions no inquiry into criminal history on initial application.

Vote restored upon completion of sentence for most felonies, ten years for election law violations, and by pardon only for certain violent felonies. Jury eligibility restored by pardon. Pardon of limited effect in restoring office eligibility. Eligible years following completion of sentence. Public hearings held at regular intervals, board recommendation and reasons announced at hearing.

Process takes about 6 months. State-wide ban-the-box law for public employment, with certain positions exempt no inquiry into or consideration of criminal history until conditional offer made. Vote and office eligibility restored upon release; jury eligibility may be restored one year after completion of sentence. Restored by pardon.

Code criminal offenses. Five-year eligibility period after completion of sentence or release from confinement.

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Applications submitted to Justice Department Pardon Attorney, with no time limit on process. Pardon relieves all legal disabilities, signifies good character. Pardons for people with D. Code offenses have been rare in recent past. Sealing of non-conviction records after waiting period that varies from two to 10 years, depending on prior or subsequent record.

Sealing of juvenile adjudications upon reaching age 18 after a two-year waiting period if no subsequent convictions. Office and jury restored by pardon ten years after completion of sentence, or by restoration of rights five years after completion of sentence or seven years for serious offenses. Governor must report pardons and restorations to legislature. Pardon eligibility begins ten years following completion of sentence; restoration of rights eligibility five to seven years after completion of sentence, depending on seriousness of offense; firearms restoration eight years after completion of sentence.

If You Were Not Convicted of a Crime

Public hearing required for pardon, and for restoration of voting rights for some. Pardons sparingly granted. Sex offenses and certain violent offenses ineligible. Expungement destruction of sealed records is available after 10 years, and immediately in the case of acquittals. Expungement also available for juvenile first offenses upon successful completion of diversion program, and for others as early as age Also for victims of human trafficking.

Bars to employment or licensure in health and related professions may be waived. Vote restored upon completion of sentence; jury eligibility restored by pardon or by restoration of civil rights ten years after completion of sentence if no subsequent conviction; office eligibility restored by pardon or by restoration of civil rights. People with first offenses may apply for license ten years after completion of sentence, five years after deferred adjudication, or otherwise by pardon.

Eligible five years after completion of sentence. Paper review with no public hearing; board decides by majority vote and issues written decision. Pardon relieves all legal disabilities except return to public office. More than pardons granted each year, with or without firearms restoration. Sealing of juvenile records after two years with finding of rehabilitation. Ban-the-box law for public employment, by executive order, with certain positions exempt eliminates criminal record question from application.

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Vote restored upon release from incarceration; jury eligibility restored upon completion of sentence; office eligibility restored by pardon. No eligibility requirements. Relieves all legal disabilities and prohibitions but does not expunge record. Juveniles may move court for expungement; records of adjudications are automatically sealed. Court may expunge non-conviction records. Only crimes committed within 10 years may be considered if there is a rational relationship to job or occupation, with certain exceptions; arrest records may not be considered at all.

Eligibility begins three years after completion of sentence for non-violent offenses and five years for violent offenses. Relieves legal disabilities, but does not restore firearms rights. Pardons issued regularly and relatively frequently. Also broad authority in court to defer adjudication and vacate plea but record not expunged or sealed. Certain people with sex offender registration requirements may petition for removal from registry after 10 years.

Is your second chance staring you in the face?

Restoration by pardon or expungement. Most juvenile records expunged automatically after brief waiting period that varies based on offense; non-expunged records are sealed but may be shared with school authorities. Stephan Futeral April 3, at am - Reply. CQE evidence of due care in negligent hiring proceeding. Languages Add links. If you were a first offender, you may apply to have your record expunged after waiting three years from the date of your conviction. Successful completion of pre-trial intervention.

Juvenile convictions, except for serious offenses, may be expunged after a waiting period. Non-conviction records may be sealed, except for charges dismissed pursuant to deferred adjudication. Vote restored upon release from incarceration; office restored upon completion of sentence for statewide offices except for crimes involving election fraud and by pardon only for other offices.

Public hearings held with confidential recommendations forwarded to the governor. Relieves all legal disabilities and expunges record if pardon expressly authorizes. Process regular but frequency of grants varies with administration. Exceptions for a handful of listed serious offenses.

Expungement in the United States

Sealing makes records unavailable without court order but does not destroy. Pardon may authorize judicial expungement physical destruction of records. Sealing of non-conviction records available immediately upon disposition; expungement after waiting period if no prior convictions. Most juvenile records expunged automatically after brief waiting period that varies based on offense; non-expunged records are sealed but may be shared with school authorities. People with out-of-state and federal offenses eligible for former but not latter. Negligent hiring protection where employer relied on certificate of relief from disabilities.

Statutory ban-the-box for private employment no inquiry into criminal record until first interview or at point of offer ; by executive order for public employment no inquiry into criminal history on employment application.

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In comprehensive standards on licensing enacted for most non-healthcare licenses, including requirement that certain mitigating factors be considered and written reasons be given for denial. Certain records may not be considered. These general standards also extended to a number of specific licenses. Prior to , limits on consideration of conviction in connection with occupational licensing applied only to certain licenses and only where a person had received a certificate of rehabilitation.

Vote and jury service restored upon release from incarceration; office restored by pardon. Pardon alleviates punishment and guilt, serving as basis for expungement. Expungement eligibility periods range from one to ten years, based on severity of offense. After expungement, non-conviction records, and records of misdemeanors and minor felonies are sealed; more serious felonies remain public but marked as expunged. Administrative sealing of convictions from state police after 15 years. Pardon is automatic basis for expungement.

Deferral or continuance of prosecution for drug abusers and alcoholics charged with less serious felonies, if they have no more than one prior conviction. Court may expunge juvenile records at any time upon petition. Fair Credit Reporting Act limits reporting by background checking companies where record has been expunged. Ban-the-box by executive order for executive branch employment no inquiry into criminal history on initial job applications, unless conviction precludes employment in particular job ; but law also prohibits local ban-the-box laws.

Negligent hiring protection for expunged and sealed offenses as well as criminal history that does not directly relate to underlying civil action. Reforms applicable to occupational and professional licensing enacted in require licensing agencies to enumerate disqualifying convictions, which must specifically and directly relate to the duties of the occupation; terminate disqualification after five years except crimes involving sex or violence ; apply specific standards to determine whether a license should be granted; and give written reasons for denial and an opportunity for a hearing.

Requirements also extended to licenses granted by units of county and local government. Vote and office restored by gubernatorial restoration of rights or pardon. Pardons infrequent in recent years; restoration of citizenship granted more frequently. A person acquitted of all charges or whose charges have been dismissed is entitled to have the record expunged after days. Automatic expungement of juvenile records at age 21 if no subsequent offenses; sealing of juvenile records at age 18 upon petition after a two-year waiting period with no subsequent offenses.

Juvenile adjudication records are presumptively confidential if they do not involve forcible felony. Restoration by pardon or expungement. Pardons rare expungement preferred relief. Juvenile expungement, except for most serious offenses, after age 23 and after a two-year waiting period with no subsequent offenses. Non-conviction records may be expunged on petition to court, subject to certain court-ordered grounds for disclosure.

Most licensing boards must list disqualifying crimes, less serious offenses may not be considered after five years, and non-conviction records may not be considered at all. Pardons rare during term, restoration of rights more frequent. Under a law, pardoned convictions, and certain class D felonies may be vacated and the record expunged five years after completion of sentence, if no intervening conviction or pending charges.

Upon petition, court may expunge records of misdemeanor or felony cases resulting in dismissal with prejudice or acquittal, or if no indictment after 12 months and effective June 26, , dismissals without prejudice are eligible after a five-year waiting period. Scope of agency discretion defined by various factors. Ban-the-box by executive order for public hiring no inquiries into criminal history until contacted for interview.

Vote and office restored upon completion of sentence; jury service lost permanently.

Erasing Your Criminal Background Legally: The Ultimate Guide to Second Chances

Expungement following deferred adjudication for certain noncapital felonies. Most juvenile adjudications may be expunged immediately upon termination of juvenile court jurisdiction; 5 year waiting period for serious offenses. Expunged records not publicly available, except to law enforcement and certain licensing agencies, but may be used as predicates. Non-conviction records may be expunged at any time but remain available for certain licensing purposes. Reasons required, APA enforcement. Exempt licensing entities required to record and report any actions involving convicted individuals to legislature.

Ban-the-box for unclassified state service positions no inquiry until after interview or conditional offer made. Protection from negligent hiring liability. Pardon frequency varies with administration. Non-conviction records generally not publicly available. Juvenile sealing upon petition after a three-year crime-free waiting period. Vote restored upon release from prison, except for convictions of buying or selling votes, which is restored only by pardon; jury eligibility restored by pardon; office eligibility regained when restored to the franchise.

People with non-violent first offenses who are pardoned are eligible for expungement. Pardoning varies with administration, rare under current governor. Expungement authorized in for over enumerated misdemeanor convictions after a toyear waiting period, and is automatic unless prosecutor or victim objects. Expungement confers greater benefits than shielding: expunged records may be opened only by court order and are destroyed after three years.

Arrest records not leading to charges automatically expunged; other non-conviction records expunged upon petition, with no waiting period effective Expungement available after charges transferred to juvenile court; sealing of juvenile records. Licensing board may not deny license or certificate based on a criminal conviction unless conviction directly related to license sought or issuance would involve unreasonable risk to property or safety. DOC must issue Certificate of Rehabilitation to people with nonviolent and non-sexual felony and misdemeanor offenses who have completed conditions of supervision.

Vote restored upon release; jury service restored seven years after completion of sentence or upon release for misdemeanors. Pardons infrequent since ; none granted by Govs. Romney and Patrick. Sex offenses subject to a year waiting period. Pardon automatically seals. Non-conviction records may be sealed on court order. Upon discharge from commitment, juvenile rights are restored and past commitment cannot be received in evidence. Licensing agencies may not disqualify based solely on conviction in certain specific professions; licensing authorities are prohibited from disqualifying the applicant based on a felony conviction only if the conviction has been pardoned.

State-wide ban-the-box for public and private employment and licensing no inquiry into criminal history on initial application ; City of Boston has broader ban-the-box protection. Vote restored upon release; jury service lost permanently unless conviction is pardoned or expunged; office restoration depends upon the offense. Post-sentence pardons rare in recent years. Set-aside limits public access to the record, but remains available to law enforcement and counts as predicate. Probation before judgment for first-time drug offenses with nonpublic records kept by law enforcement. Most juvenile diversion records must be destroyed at age 17, and most juvenile adjudication records must be destroyed upon reaching age Employers prohibited from inquiring about non-conviction misdemeanor arrests on employment application.

Common law expungement available for most records not eligible for statutory expungement; balancing test applies. Deferred sentencing for certain felony convictions which may be knocked down to misdemeanors following probation does not make them eligible for sealing. Records of arrest not leading to conviction, convictions that have been expunged, or misdemeanors for which a prison sentence could not be imposed, may not be considered in connection with public employment or licensing decision. State-wide ban-the-box for public and private employment no inquiries until interview or conditional offer made ; protection from negligent hiring liability regarding certain records.

Vote and office restored only by pardon; jury service restored five years after conviction. Pardons infrequent, process irregular. Effective July 1, , additional felonies made eligible for expungement. Deferred adjudication followed by dismissal for misdemeanors and certain felonies, with expungement mandated upon successful completion. Court may seal juvenile records for certain dispositions after reaching age Non-conviction records and records of those processed through treatment courts also eligible for expungement.

Vote and office restored upon completion of sentence; jury service restored only by pardon. Expungement of non-conviction records subject to same eligibility rules and procedures as convictions, with a 3-year waiting period eff. January 1, Court may seal and destroy juvenile records after person reaches age 17; juvenile driving records may be expunged after two years or upon reaching age Expunged records unavailable to public, with some exceptions.

Ban-the-box by executive order in public employment questions relating to criminal history removed from initial employment applications. Vote restored upon release; jury service and office restored upon completion of sentence. Only one expungement order in a lifetime. Pardon is also grounds for judicial expungement. Deferred sentencing for misdemeanors and first felony offenses, after which charges are dismissed and access to records is limited. Upon request, non-conviction records must be returned to defendant or destroyed. No law regulates public or private employment.

Sealing authorized for pardoned convictions and convictions set aside based on status as victim of human trafficking. Automatic and petition-based sealing for juvenile adjudications and non-conviction records. Court records in cases not resulting in conviction is automatically removed from the public record and available only to law enforcement; waiting periods apply depending on type of record. Court orders sealing of administrative records in cases resulting in acquittal or dismissal.

Upon petition, expungement of arrest records resulting from law enforcement error. Effective applicants for occupational licensure may request preliminary determination.

Is your second chance staring you in the face?

Ban-the-box for public employment no inquiry into criminal history until determined that applicant meets minimum employment qualification. For people with first felony offenses convicted of less serious offenses, vote and civil jury service are restored upon completion of sentence, criminal jury service is restored six years after completion of sentence, and office is restored four years after completion of sentence; others seeking rights restoration must do so from convicting court or Board of Pardons Commissioners.

May serve as predicate ex. About 60 grants each year since , about half of those that apply. Presumption in favor of sealing if eligible. Sealed conviction may be denied and has no predicate effect. Automatic juvenile sealing for most offenses at age 21, or earlier upon petition after a three-year waiting period. Victims of human trafficking may petition to vacate and seal any non-violent offense committed while they were a victim.

Convictions for subsequently decriminalized conduct are presumptively sealed upon written request to the court. No general law regulating consideration of conviction in licensure, but applies a direct relationship test in connection with some licenses. Vote restored upon release; office eligibility restored upon completion of sentence.

No public hearing; notice to prosecutor. Pardon eliminates all consequences of conviction but does not expunge. Juvenile records sealed upon reaching age Inquiry into annulled offenses is limited. Restored by pardon or gubernatorial restoration of rights. No eligibility criteria. No public hearing required. Pardon restores rights and makes eligible for expungement.

Expungement of most drug offenses upon successful completion of drug court.