Read S.C. Code Ann. § 22-5-930 when the issue is expungement; first offense drug convictions. The statute says: “(A) Following a first offense conviction for either simple possession of a controlled substance under Article 3, Chapter 53, Title 44 or unlawful possession of a prescription drug under Section 40-43-86(EE), including those charges for which the person would now be eligible for…”
Petitions the courts already decided
Young v. Keel (2020) is worth reading in full. The opinion puts it this way: “Young does not dispute he received the explicit benefits an expungement under § 22-5-920 confers: destruction of his arrest and conviction records, except for the 'nonpublic record of the offense and the date of its expungement' SLED is required to keep to ensure that no person…”
The petition and the sections next to it
On expungement of conviction for unlawful possession of a handgun, the South Carolina text is S.C. Code Ann. § 17-1-65. The statute says: “A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024.”
South Carolina uses S.C. Code Ann. § 63-19-2050 for petition for expungement of official records. The statute says: “Section 16-1-70, may petition the court for an order expunging all official records relating to: (a) being taken into custody; (b) the charges filed against the person; (c) the adjudication; and (d) the disposition.”
S.C. Code Ann. § 17-1-40 deals with expungement; retention of certain information by law enforcement or prosecution agencies. The statute says: “A) For purposes of this section, 'under seal' means not subject to disclosure other than to a law enforcement or prosecution agency, and attorneys representing a law enforcement or prosecution agency, unless disclosure is allowed by court order.”
South Carolina uses S.C. Code Ann. § 17-22-950 for summary court expungement orders; removal of Internet-based public records; objections; forms. The statute says: “(A) If criminal charges are brought in a summary court, the accused person is found not guilty or the charges are dismissed or nolle prossed, and the accused person was fingerprinted for the charges, the summary court, at no cost to the accused person, immediately shall issue…”
When a different section applies
South Carolina uses S.C. Code Ann. § 44-53-450 for who may ask. The statute says: “(A) Whenever any person who has not previously been convicted of any offense under this article or any offense under any state or federal statute relating to marijuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a…”
Filing order
- Open S.C. Code Ann. § 22-5-930 and read the part on expungement; first offense drug convictions. Everything else in the filing has to fit that section.
- Ask the clerk which local form that South Carolina county uses, then check the form against S.C. Code Ann. § 22-5-930.
- Then read Young v. Keel (2020). That is a South Carolina court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in South Carolina?
S.C. Code Ann. § 22-5-930 deals with expungement; first offense drug convictions. The statute says: “(A) Following a first offense conviction for either simple possession of a controlled substance under Article 3, Chapter 53, Title 44 or unlawful possession of a prescription drug under Section 40-43-86(EE), including those charges for which the person would now be eligible for…”
How have South Carolina courts ruled on expungement and sealing?
Young v. Keel (2020) “Young does not dispute he received the explicit benefits an expungement under § 22-5-920 confers: destruction of his arrest and conviction records, except for the 'nonpublic record of the offense and the date of its expungement' SLED is required to keep to ensure that no person…”
Nothing on this page is a prediction of how a South Carolina judge will rule. S.C. Code Ann. § 22-5-930 is the text the petition has to satisfy.