Expungements Trusted Counsel for Greenville and Spartanburg

Greenville Expungement Attorneys

Helping Clear Your Record in Spartanburg & the Surrounding Areas

A criminal record can feel like a life sentence, even after you have served your time. It can create barriers to employment, housing, and other opportunities. However, a past mistake does not have to define your future. In South Carolina, you may have options for clearing your record through expungement.

At Sarratt & Horta Vorse, P.A., we recognize the challenges that a criminal record presents and can help you navigate the process of getting a fresh start. The laws in South Carolina are complex, but our experienced criminal defense attorneys have a deep knowledge of the eligibility requirements and the necessary legal procedures. We can help determine if your specific charge, such as a misdemeanor or a drug offense, can be expunged. Our team can then work diligently to prepare and file all the required paperwork with the court and communicate with the prosecutor on your behalf. We are here to provide solutions-driven guidance every step of the way, from our initial consultation to the final order granting your expungement.

Call (864) 635-6145 or contact us online to schedule a time to discuss your case with our Greenville expungement lawyers. Se habla español.

What Is Expungement, and How Does It Work?

Expungement is a legal process that removes a criminal record from public view. It essentially seals or destroys records of certain arrests and convictions. When a record is expunged in South Carolina, it's treated as though the crime never happened in the public record, and it won't appear on background checks.

The process for expungement in South Carolina depends on the specific circumstances of the case, but it generally follows a few key steps:

Determining eligibility. Not all criminal records qualify for expungement. South Carolina law sets specific criteria based on the type of offense, the age of the offender, and the time that has passed since the offense or completion of the sentence. We can review the details of your case and advise whether you qualify.
Filing a petition. If your record qualifies, we can file a petition with the applicable solicitor's office. This legal document explains why you meet the requirements for expungement. We include details about your arrest or conviction and provide supporting documents.
The South Carolina Law Enforcement Division's review. The solicitor's office will send the petition to the South Carolina Law Enforcement Division (SLED), which will review the petition. They will verify that you meet all the legal requirements.
The judge's order. If SLED agrees you qualify for expungement, they will confirm your eligibility with the solicitor's office. The solicitor's office will then obtain all of the necessary signatures to file an official order with the court. This order legally mandates that the records be sealed or destroyed. We can then send copies of this order to all relevant law enforcement agencies and courts, who must then remove the records from public access.

What Types of Criminal Records Qualify for Expungement in South Carolina?

You cannot generally get a criminal record expunged immediately, even if the offense is considered expungable. You must wait a certain amount of time, typically several years, after your conviction to successfully seek expungement. You must also not be convicted of any new crimes during the applicable waiting period.

Types of criminal records that may be eligible for expungement include:

Misdemeanors. Many misdemeanor offenses are eligible for expungement under certain circumstances. This applies to crimes that carry a maximum penalty of 30 days in jail and/or a $1,000 fine. To qualify, you must have no other criminal convictions for at least three years from the date of your conviction. If the offense was for misdemeanor domestic violence, the waiting period is five years.
Juvenile crimes. The criminal records of minors may be expunged when an individual turns 18 unless the offense was violent, the offense would carry a maximum sentence of five years or more of incarceration if committed by an adult, the individual has been convicted of another crime, the individual did not successfully complete their sentence, or the individual has additional criminal charges pending in family court or general sessions court.
Offenses sentenced under the Youthful Offender Act (YOA). If you were sentenced under the YOA, you may seek expungement five years after the date you completed your sentence (including any probation or parole), provided you have no further convictions during that time. You may have been sentenced under the YOA if you were convicted before you turned 25. Expungement is not available in these cases if your conviction required you to register as a sex offender.
Fraudulent checks. A first-offense misdemeanor conviction for passing a fraudulent check is generally eligible for expungement one year after the conviction, with no other convictions during that year.
Simple possession and possession with intent to distribute (PWID). First-offense convictions for simple possession of drugs may be expunged three years after the conviction date with no other convictions during that time. First-offense PWID may be expunged 20 years after completing your sentence, provided you have no other drug or felony convictions during that period.
Failure to stop for a blue light Failing to stop for a blue light refers to someone not pulling over when a law enforcement vehicle, with its blue lights and siren activated, signals them to do so. If you were convicted of this misdemeanor and it was your first offense, you may qualify for expungement after three years from the date of the conviction if there are no other convictions during that time.

What Types of Criminal Records Do Not Qualify for Expungement in South Carolina?

While South Carolina's expungement laws provide relief for many, they do not cover all criminal records. The state excludes certain crimes from the expungement process, particularly those considered more serious or violent. Felonies, for example, are generally not eligible for expungement, and a conviction for driving under the influence (DUI) can never be expunged. Additionally, you cannot expunge records for sex crimes that require a person to register on the South Carolina Sex Offender Registry.

The law also excludes almost all traffic violations from expungement, with the only exception being a conviction for a first-offense failure to stop for a blue light. Moreover, people who have pending criminal charges may not be eligible for expungement until their current case is resolved.

While expungement may not be an option for all convictions, a person with a criminal record may have other avenues for relief, such as seeking a pardon. Our team at Sarratt & Horta Vorse, P.A. can help you explore all of your options and determine the best path forward for your unique situation.

Are you not sure if you are eligible for expungement? Call (864) 635-6145 or contact us online to schedule an initial consultation with one of our attorneys.

Continue Reading Read Less

Schedule Your Consultation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Sarratt & Horta Vorse, P.A. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Hear From Our Happy Clients

Any result that Sarratt & Horta Vorse, PA may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

“Beautiful Experience”
“You took the time to understand my situation, listened, did your research, and negotiated on my behalf.”

- Cisco V.
“Fantastic Lawyer”
“She's incredibly smart, kind, empathetic, a great communicator, and truly a good person at her core.”

- Brian M.
“Excellent Attorney”
“She helped me with a ticket I received while driving a truck, and thanks to her work, no points were added to my license.”

- Cristal M.
“Highly Recommended!”
“Highly recommended! She was very professional and caring. Helped us all through our case and had a successful outcome. Thank you Maria!”

- Daneida P.
“Una abogada excepcional”
“Excelente profesional y gran defensora de los derechos de sus clientes.”

- Maythe L.
“Excelente y profesional”
“Maria es muy amable, explica todo con claridad y demuestra gran profesionalismo en su trabajo.”

- Rocio A.
“Servicio excelente”
“Excelente servicio, rápida comunicación cuando fue necesaria, amabilidad y respeto. La recomiendo al %100.”

- Rosa R.
“Empática y valiente”
“María Horta es una gran abogada: empática, gentil, valiente. Siempre está disponible para responder dudas y preguntas que uno llega a tener. 100% recomendada.”

- Fanny G.

Ver todas las reseñas

Schedule Your Consultation

Call or message us to schedule a consultation and start building clarity and confidence in your case.

Get Started