Blackwelder Law, LLC

Free Initial Consultation: 910-489-2178

  • Home
  • About Us
  • Practice Areas
    • Criminal Charges
    • Traffic Violations
  • Blog
  • FAQs
  • Payments
  • Contact
Blackwelder Law, LLC
Call Today
  • Home
  • About Us
  • Practice Areas
    • Criminal Charges
    • Traffic Violations
  • Blog
  • FAQs
  • Payments
  • Contact

Criminal And Traffic Law In Greenville And Statewide

When You Need A Champion, We’re Here For You

Can I get my criminal history erased or expunged?

by Allison Blackwelder | Nov 10, 2016 | Firm News

An expungement is a court ordered destruction/sealing of a person’s legal records related to an arrest, charges filed, or of eligible convicted crimes. Statutory law governs the circumstances under which offenses may be removed from an individual’s criminal history. How do you find out if charges can be expunged from your record?  Schedule a meeting with an attorney to review your criminal record.

You may be eligible to receive an expungement under the following circumstances:

  • When your arrest/charge resulted in a non-conviction.
  • When your arrest/charge was disposed via a diversion program (e.g. PTI, AEP, etc.)
  • When your arrest/charge/conviction qualifies for expungement under circumstances specifically articulated in a statute (e.g. conditional discharge, YOA sentences, etc.)
  • When your arrest/charge/conviction is noted in the South Carolina code as an offense that may be expunged after a specified waiting period if the defendant has no additional convictions.

There are some charges that cannot be expunged, including:

  • Any conviction with a maximum penalty of more than 30 days and/or $1,000.00 fine
  • Any offense in Chapter 25, Title 16, except criminal domestic violence (Section 16-25-20, which may be expunged five years from the date of the conviction).
  • Any felony, unless eligible under a YOA sentence.
  • All traffic and minor vehicle convictions (with some exceptions)
  • Any fish, game, and watercraft convictions
  • Any conviction for a violent crime

In addition to legal fees to review your record and submission of your expungement application, the expungement itself requires applicants to pay an out-of-pocket cost of approximately $310.00.  This is comprised of three payments–$250.00 paid to the solicitor’s office in the county where you were convicted, $25.00 paid to SLED for a verification fee, and $35.00 paid to the Clerk of Court in the county where you were convicted. 

Schedule an appointment today to have Attorney Blackwelder review your case to see if you can have your charges expunged.

  • Facebook
  • Twitter
  • LinkedIn

Recent Posts

  • Assault charges: When can you claim self-defense?
  • What everyone needs to know about the plain view doctrine
  • The potential penalties for cocaine charges in South Carolina
  • Should you accept a plea deal?
  • Avoid these prescription medication mistakes to stay out of jail

Archives

  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • January 2020
  • December 2019
  • November 2019
  • January 2017
  • December 2016
  • November 2016
  • October 2016

Categories

  • Criminal Defense
  • Drug Crimes
  • Firm News
  • Traffic Violations
  • Violent Crimes

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

How To Reach Us

Blackwelder Law, LLC

Greenville Office

3453 Pelham Road
Suite 205
Greenville, SC 29615
Greenville Law Office Location

Phone

910-489-2178

Fax

864-428-1294

Social Media

  • Follow
Review Us

Let’s Get Started Protecting Your Future

© 2023 Blackwelder Law, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters