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V. Craig Jones, Jr.
Attorney at Law
225 Seven Farms Drive
Suite 109
Charleston, SC 29492
Phone: 843-766-2211
Fax: 843-471-2894
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Expungements
Expungements
What is an expungement?
An expungement is the process of purging or destruction of the criminal records resulting from an arrest or conviction.
What is the process if I need your services for an expungement?
First, we will need a current state background check (criminal record). We can pull that for you for a $25.00 fee or you can go here and retrieve one yourself also for $25.00. With this background check we can then review and determine which charges are proper for expungement and which are prohibited from expungement. Often the background check is incomplete or doesn't contain a disposition (outcome). If this is the case we will then have to get this from the court.
In general what is able to be expunged?
Section 17-1-40. A charge(s) that has been dismissed, nol-prossed, or the defendant was found not guilty.
Section 17-22-150(a). A charge(s) that has been dismissed by Solicitor because the defendant has successfully completed the Pre-Trial Intervention Program.
Section 34-11-90. A charge of first offense check misdemeanor conviction under the Fraudulent Check Law provided no additional criminal conviction has taken place in one year from date of conviction.
Section 44-53-450(b). Conviction of a first offense Simple Possession of Marijuana charge where a conditional discharge was received from magistrate court and the defendant successfully complied with the terms of that sentence.
Section 22-5-910. Conviction of a first offense in a Magistrate or Municipal court and no additional criminal conviction have taken place within three years from date of conviction (five years for a 1st offense Criminal Domestic Violence (CDV) conviction. Only your first offense is eligible and the law specifies this to be a single crime. However, the following cases cannot be expunged:
a. Wildlife and game violations
b. Traffic offense violations
c. General Sessions convictions except as enumerated in 22-5-920; 56-5-750(f).
Section 22-5-920. Conviction of a first offense as a youthful offender as defined by statute and no additional criminal convictions has taken place during a 15-year period.
Section 56-5-750(f). Conviction of a misdemeanor first offense Failure to Stop for Blue Light and no additional conviction has taken place for three years after completion of the sentence.
An expungement is the process of purging or destruction of the criminal records resulting from an arrest or conviction.
What is the process if I need your services for an expungement?
First, we will need a current state background check (criminal record). We can pull that for you for a $25.00 fee or you can go here and retrieve one yourself also for $25.00. With this background check we can then review and determine which charges are proper for expungement and which are prohibited from expungement. Often the background check is incomplete or doesn't contain a disposition (outcome). If this is the case we will then have to get this from the court.
In general what is able to be expunged?
Section 17-1-40. A charge(s) that has been dismissed, nol-prossed, or the defendant was found not guilty.
Section 17-22-150(a). A charge(s) that has been dismissed by Solicitor because the defendant has successfully completed the Pre-Trial Intervention Program.
Section 34-11-90. A charge of first offense check misdemeanor conviction under the Fraudulent Check Law provided no additional criminal conviction has taken place in one year from date of conviction.
Section 44-53-450(b). Conviction of a first offense Simple Possession of Marijuana charge where a conditional discharge was received from magistrate court and the defendant successfully complied with the terms of that sentence.
Section 22-5-910. Conviction of a first offense in a Magistrate or Municipal court and no additional criminal conviction have taken place within three years from date of conviction (five years for a 1st offense Criminal Domestic Violence (CDV) conviction. Only your first offense is eligible and the law specifies this to be a single crime. However, the following cases cannot be expunged:
a. Wildlife and game violations
b. Traffic offense violations
c. General Sessions convictions except as enumerated in 22-5-920; 56-5-750(f).
Section 22-5-920. Conviction of a first offense as a youthful offender as defined by statute and no additional criminal convictions has taken place during a 15-year period.
Section 56-5-750(f). Conviction of a misdemeanor first offense Failure to Stop for Blue Light and no additional conviction has taken place for three years after completion of the sentence.