Expungements Trusted Counsel for Greenville and Spartanburg

Greenville Expungement Attorneys

Trial-Ready Preparation for Expungement Cases in Greenville, SC

A criminal record doesn’t just follow you through the justice system. It follows you to job applications, housing interviews, professional license reviews, and background checks run by landlords and lenders. In South Carolina, certain arrests and convictions can be removed from the public record through expungement, but eligibility is specific and the process isn’t automatic. Getting the filing right from the start matters more than most people realize.

At Sarratt & Horta Vorse, P.A., our criminal defense attorneys have over a decade of experience handling expungement cases for clients in Greenville and the surrounding Upstate South Carolina region. We bring the same thorough, detail-oriented approach to expungement petitions that we apply to every case: reviewing your specific charges, confirming eligibility, and preparing the filing completely before it reaches the Greenville County Solicitor’s Office. Our team also includes Maria Horta Vorse, a native Spanish speaker who serves the Spanish-speaking community directly. Expungement consultations are available in Spanish.

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

What Is Expungement, & How Does It Work?

Expungement is a legal process that removes a criminal record from public view by sealing or destroying records of certain arrests and convictions. When a record is expunged in South Carolina, it’s treated as though the offense never occurred in the public record and may not appear on standard background checks.

One point many people miss: dismissed charges, not-guilty verdicts, and no-billed cases don’t always disappear on their own. In summary courts (magistrate and municipal courts), South Carolina law requires automatic expungement of dismissed and not-guilty cases at no cost, but for General Sessions charges, older dismissals, or charges dismissed as part of a plea agreement, a separate expungement must be filed and granted. The same process applies whether the charge resulted in a conviction or was never prosecuted.

Steps in the South Carolina Expungement Process

The expungement process in South Carolina generally follows these steps:

Determining eligibility. Not all criminal records qualify. South Carolina law sets specific criteria based on the type of offense, the age of the offender, and the time elapsed since the offense or completion of the sentence. We review the details of your case and can advise whether you qualify.
Filing a petition. If your record qualifies, we file a petition with the applicable solicitor’s office. This document explains why you meet the requirements and includes details about your arrest or conviction along with supporting documentation. For charges that arose in Greenville County, this means filing with the Greenville County Solicitor’s Office. Most expungement categories carry a $250 administrative fee to the solicitor’s office, a $25 South Carolina Law Enforcement Division (SLED) verification fee, and a $35 clerk of court filing fee, each paid separately. Some categories carry no fees.
SLED review. The solicitor’s office submits the petition to the South Carolina Law Enforcement Division (SLED), which verifies that you meet all legal requirements. This review takes time, and the overall process from filing to final order often spans several months.
The judge’s order. If SLED confirms eligibility, the solicitor’s office gathers the required signatures and files an official order with the court. That order legally directs that records be sealed or destroyed. We then send copies to all relevant law enforcement agencies and courts so the records can be removed from public access.

Why Preparation Matters in an Expungement Case

We prepare every case as though it will go before a jury, and expungements are no different. An incomplete or inaccurate petition can trigger solicitor’s office follow-up, delay the timeline, or result in denial on technical grounds. Outstanding fines, unpaid restitution, or a pending charge you weren’t tracking can disqualify an otherwise eligible applicant. A thorough eligibility review surfaces those issues before the filing goes in, not after.

We also take time to explain every step clearly, so our clients understand their eligibility, the timeline, and what to expect at each stage. If you’re unsure whether your record qualifies, or a prior attorney told you expungement wasn’t possible and you want a second look, contact us to discuss the specifics. We work with drug offense cases as well and can evaluate whether a prior conviction may qualify under South Carolina’s drug expungement provisions.

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

South Carolina law requires a waiting period after conviction before you can seek expungement, and you must have no new convictions during that time to remain eligible. The specific waiting period depends on the offense.

Records that may be eligible for expungement include:

Misdemeanors. Misdemeanor offenses carrying a maximum penalty of 30 days in jail and/or a $1,000 fine may qualify three years after the conviction date with no intervening convictions. South Carolina removed the prior “first offense” requirement for this category, so a prior misdemeanor conviction doesn’t automatically disqualify you. If the offense involved misdemeanor domestic violence, the waiting period extends to five years.
Juvenile records. Records from offenses committed as a minor may be expunged at age 18, unless the offense was violent, the offense would carry a maximum sentence of five or more years if committed by an adult, the individual has other convictions, the sentence wasn’t successfully completed, or additional charges remain pending.
Sentences under the Youthful Offender Act (YOA). The YOA generally applied to convictions for individuals under age 25. If you were sentenced under the YOA, you may seek expungement five years after completing your sentence, including any probation or parole, provided you have no further convictions during that period. Expungement isn’t available if the conviction required sex offender registration.
Fraudulent checks. A first-offense misdemeanor conviction for passing a fraudulent check may be expunged one year after conviction with no other convictions during that year.
Simple possession and possession with intent to distribute (PWID). A first-offense conviction for simple possession of a controlled substance may be expunged three years after the conviction date with no other convictions during that period. First-offense PWID may be expunged 20 years after completing the sentence, provided there are no other drug or felony convictions during that time.
Failure to stop for a blue light. A first-offense misdemeanor conviction for failing to stop for a law enforcement vehicle may qualify for expungement three years after completing all requirements of the sentence, with no other convictions during that period.
Dismissed charges and diversion programs. Charges that were dismissed, no-billed, or not prosecuted, and not-guilty verdicts, are generally eligible for expungement and don’t disappear automatically in all cases. Charges dismissed after completing Pre-Trial Intervention (PTI), the Alcohol Education Program (AEP), or the Traffic Education Program (TEP) may also qualify.

What Records Don’t Qualify for Expungement in South Carolina?

South Carolina’s expungement laws exclude several categories of offenses. Knowing what doesn’t qualify is just as important as knowing what does.

Felonies are generally not eligible. A DUI conviction cannot be expunged under South Carolina law. Sex offenses requiring registration on the South Carolina Sex Offender Registry are also excluded. Nearly all traffic violations fall outside the expungement statutes. The sole exception is a first-offense conviction for failure to stop for a blue light. Convictions where court costs, fines, or restitution haven’t been fully paid may be disqualified even if the offense would otherwise be eligible, and pending criminal charges can prevent eligibility until the current case is resolved.

When expungement isn’t available, a pardon through the South Carolina Department of Probation, Pardon, and Parole Services is one alternative worth understanding. Unlike expungement, a pardon doesn’t seal the record from public view but may restore certain rights. South Carolina’s pardon process doesn’t require the governor’s involvement. It’s handled directly through that department. At Sarratt & Horta Vorse, P.A., we can help you evaluate whether expungement, a pardon, or another avenue makes sense for your situation.

Not sure whether you qualify for expungement? Call (864) 635-6145 or contact us online to schedule a consultation with one of our attorneys.

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