When your criminal record is expunged, all records are destroyed in accordance with state law. Each state handles expunged records differently. Some completely destroy records while other states make the expunged records available only to law enforcement. In June 2009, South Carolina changed its laws regarding expungement eligibility. A lot of footwork and a little financing is required to file a petition to have your record expunged. Take note -- your request could be denied.
Find out if you are eligible. Specific guidelines exist regarding record expungement eligibility. Contact a lawyer, county clerk or law enforcement official for more details.
Prepare a proposed order. The order must be typed and follow guidelines set by the South Carolina court system. For proper formatting, have your order prepared by a legal professional.
Submit your order to the South Carolina Law Enforcement Division for verification. As of November 2010, you will need to pay a $25 filing fee, payable by money order.
Obtain the signature of the solicitor or deputy solicitor on your order.
Obtain the approval and signature of a Circuit Court judge on your order.
File the original, signed order at the Office of the Clerk of Court. Pay a $250 filing fee, payable by money order.
Obtain certified copies of your order from the Office of the Clerk of Court.
Deliver certified copies of your order to legal agencies including legal teams and law enforcement.
If your charge was dismissed or you were found not guilty, your order is processed for free.
To expunge criminal charges, you must submit an expungement form obtained from the court where your charge originated.
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