South Carolina Expungement: First Offenses and PTI
South Carolina allows expungement for first offenses, PTI completions, and minor convictions under SC Code 22-5-910. Strict limits apply. Here is who qualifies.
South Carolina's expungement law is more restrictive than many states, and it is important to understand that up front. The state does not allow expungement of most felony convictions. It does not allow expungement of second or third offenses in most categories. And it routes everything through the Solicitor's Office — meaning a prosecutor reviews your application before it ever reaches a judge.
That said, if you have a first offense conviction for a minor crime, or if you completed a Pretrial Intervention (PTI) program, or if your charges were dismissed or you were acquitted, South Carolina law provides a clear path to get your record cleared. This guide covers every pathway and how to use them.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
How expungement works in South Carolina
South Carolina uses the term "expungement" and means it literally — when a record is expunged, it is destroyed. The court record, the arrest record at SLED, and the booking record at the local jail are all supposed to be eliminated. This is stronger than sealing, which many states use instead.
The unique part of South Carolina's system is that expungement applications go through the Solicitor's Office — the state prosecutor — before they reach the court. The Solicitor reviews your application, verifies your eligibility, and either approves or denies it. Only approved applications go to the judge for a signature. This means the prosecutor is the first gatekeeper, not the court clerk.
Who qualifies — and who does not
South Carolina's expungement eligibility is narrow compared to many states. The word "first offense" appears throughout the law, and it means exactly what it says — if this is not your first offense, most pathways are closed. Here is the overview.
May qualify
- First offense conviction carrying max 30 days jail or $1,000 fine — after 3 years (§ 22-5-910)
- Completed Pretrial Intervention (PTI) — upon completion
- Dismissed charges — immediately
- Acquittals (not guilty verdicts) — immediately
- First offense drug possession with conditional discharge (§ 44-53-450)
- Youthful Offender Act convictions (under 25 at time of offense) — after 5 years (§ 22-5-920)
- Fraudulent check first offense under $500 — after 1 year (§ 34-11-90(e))
- Multiple charges from same incident at single sentencing — treated as one conviction
Generally does not qualify
- Most felony convictions
- Second or subsequent offenses (in most categories)
- Motor vehicle offenses (DUI, reckless driving, etc.)
- Sex offenses
- Violent crimes
- Domestic violence convictions
- Offenses with a maximum penalty exceeding 30 days jail or $1,000 fine (for § 22-5-910 pathway)
- Any offense where the person has a subsequent conviction
South Carolina's expungement law is heavily focused on first offenses. If you have multiple convictions for separate incidents, your options may be very limited. Contact SC Legal Services for a case-specific analysis.
Pretrial Intervention (PTI) — the most common pathway
A large number of South Carolina expungements come through the PTI pathway. If you were offered and completed a Pretrial Intervention program, your charge was likely dismissed upon completion. Once the program is done and the charge is dismissed, your record may be eligible for expungement of that arrest and charge.
Important: PTI expungements have their own process. Do not use the standard expungement application from SLED. Instead, contact your PTI case manager, who will guide you through the specific steps for PTI expungement. The process is generally faster and simpler than a standard expungement.
Waiting periods
Waiting Periods
The clock starts on the date shown below — not your arrest date.
First offense conviction (max 30 days or $1,000 fine)
Clock starts: Date of conviction
Under SC Code § 22-5-910. Must be a first offense. Does not apply to motor vehicle offenses.
Completed Pretrial Intervention (PTI)
Clock starts: Date of successful PTI completion
Contact your PTI case manager for instructions. Do not use the standard expungement application — PTI has its own process.
Dismissed charges
Clock starts: Date of dismissal
File in the court where the charge was pending.
Acquittal (not guilty verdict)
Clock starts: Date of acquittal
No waiting period required.
Conditional discharge (first offense drug possession)
Clock starts: Date the court enters the discharge order
Under SC Code § 44-53-450. Applies to first offense simple possession of controlled substances.
Youthful Offender Act conviction (under 25 at time of offense)
Clock starts: Date of completion of sentence
Under SC Code § 22-5-920. Limited to certain offenses committed while under 25.
Fraudulent check (first offense, under $500)
Clock starts: Date of conviction
Separate pathway under SC Code § 34-11-90(e).
How to file for expungement in South Carolina
South Carolina's process is different from most states because the Solicitor's Office is the first stop, not the court. Here is the step-by-step process.
The South Carolina expungement process
- 1
Get your South Carolina criminal record
1-2 weeks$25Request your criminal history from the South Carolina Law Enforcement Division (SLED). This shows every SC arrest and conviction and gives you the case numbers you need. You can request your record online or by mail.
Request your record at sled.sc.gov. You will need a government-issued ID and your Social Security number.
- 2
Determine your eligibility pathway
1-2 hoursFreeSouth Carolina has multiple expungement pathways and each has different rules. The most common are: first offense under § 22-5-910, PTI completion, conditional discharge for drug possession, and dismissals/acquittals. Figure out which pathway applies to your situation before you start the paperwork.
If you completed PTI, do not use the standard expungement application. Contact your PTI case manager — PTI expungements have their own separate process.
- 3
Get the expungement application
15 minutesFreeDownload the Expungement Application from sled.sc.gov or pick one up from the Solicitor's Office in your county. South Carolina requires the application to be processed through the Solicitor's Office (the state prosecutor), not filed directly with the court.
- 4
Complete the application
30-60 minutesFreeFill out the application completely with your case number, the charge, the date of conviction or dismissal, and the statutory basis for your expungement. You must sign the application under oath. Incomplete or unsigned applications are returned.
- 5
Submit to the Solicitor's Office
2-6 months$250 filing fee (set by statute)Bring or mail the completed application to the Solicitor's Office (the circuit solicitor) in the county where your case was heard. The Solicitor reviews your application and determines whether you meet the eligibility requirements. If approved, the Solicitor submits it to the court for a judge's signature.
Processing times vary significantly by county. Some Solicitor's offices process expungements in weeks; others take several months. Call ahead to ask about their current timeline.
- 6
Court issues the expungement order
30-90 days after the order is signedFreeOnce the Solicitor approves and the judge signs the order, SLED updates the state criminal history database. The court record is expunged. You will receive a copy of the order.
Keep copies of the signed order. Send it to private background check companies if they still show the record after 90 days.
The $250 filing fee
South Carolina charges a $250 filing fee for most expungement applications. Some categories — like dismissed charges — may have a lower fee. The fee is set by statute and is paid when you submit your application to the Solicitor's Office.
Fee waivers are limited in South Carolina for expungement. If the fee is a barrier, contact SC Legal Services — they may be able to help or direct you to a program that covers expungement filing fees for qualifying individuals.
- Federal records are not affected — FBI databases remain unchanged by a South Carolina expungement order
- Federal firearms eligibility is not automatically restored
- Private background check companies may take 60-90 days to update — send them the order directly
- Immigration consequences remain — federal immigration law does not recognize state expungements
- Law enforcement may retain certain records for internal use
- Professional licensing boards may have separate disclosure requirements
Free legal help in South Carolina
- South Carolina Legal Services — free legal help for income-eligible residents: sclegal.org or 1-888-346-5592
- SC Bar Pro Bono Program — connects you with volunteer attorneys: scbar.org
- Appleseed Legal Justice Center — advocacy for low-income South Carolinians
- South Carolina Judicial Department: sccourts.org — court information and forms
- SLED background check and expungement info: sled.sc.gov
- County Solicitor offices — contact list at sccourts.org for your county
SC Legal Services handles expungement cases for income-eligible clients. Contact them early — they can help determine which pathway applies to your situation.
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