When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In South Carolina, expungement of a criminal record means the permanent destruction or removal of records such that they are no longer accessible by courts or any state, municipal, county agencies, or by private entities conducting background checks. South Carolina law allows for expungement under specific circumstances, which often include first-time offenses, minor offenses, or cases where charges were dismissed or the person was found not guilty. For example, first-offense convictions for writing a fraudulent check, simple possession of marijuana, and some non-violent offenses may be eligible for expungement. Additionally, successful completion of pre-trial intervention, alcohol education, or drug court programs can lead to eligibility for expungement. Juvenile records may also be expunged if the offense occurred when the individual was under the age of 17. However, serious crimes, including violent crimes, certain drug offenses, and DUIs, are generally not eligible for expungement. The process typically involves filing a petition with the court, and eligibility criteria and procedures are detailed in the South Carolina Code of Laws, particularly in Title 17, which covers criminal procedures. It's important to note that expungement laws are subject to change, and an attorney can provide the most current advice on eligibility and the expungement process.