(A) Applications for expungement of all criminal records must be administered by the solicitor’s office in each circuit in the State as authorized pursuant to:

(1) § 34-11-90(e), first offense misdemeanor fraudulent check;

Terms Used In South Carolina Code 17-22-910

  • Conviction: A judgement of guilt against a criminal defendant.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.

(2) § 44-53-450(b), conditional discharge;

(3) § 22-5-910, first offense conviction in magistrates court;

(4) § 22-5-920, youthful offender act;

(5) § 22-5-930, first offense simple possession or possession with intent to distribute drug convictions;

(6) § 56-5-750(F), first offense failure to stop when signaled by a law enforcement vehicle;

(7) § 17-22-150(a), pretrial intervention;

(8) § 17-1-40, criminal records destruction, except as provided in § 17-22-950;

(9) § 63-19-2050, juvenile expungements;

(10) § 17-22-530(A), alcohol education program;

(11) § 17-22-330(A), traffic education program;

(12) § 17-22-1010, Youth Challenge Academy and Jobs Challenge Program; and

(13) any other statutory authorization.

(B) A person’s eligibility for expungement of an offense contained in this section, or authorized by any other provision of law, must be based on the offense that the person pled guilty to or was convicted of committing and not on an offense for which the person may have been charged. In addition, if an offense for which a person was convicted is subsequently repealed and the elements of the offense are consistent with an existing similar offense which is currently eligible for expungement, a person’s eligibility for expungement of an offense must be based on the existing similar offense.

(C) The provisions of this section apply retroactively to allow expungement as provided by law for each offense delineated in subsection (A) by persons convicted prior to the enactment of this section or the addition of a specific item contained in subsection (A).