Common Expungement Issues in South Carolina

Expungement in South Carolina can have many benefits, though the process does not always go smoothly. Common expungement issues in Conway include incorrect charge coding, outstanding fees or restitution, incomplete discharge documentation, misunderstanding of waiting periods, and more.

At L. Morgan Martin, our expungement lawyers can help determine your eligibility, prepare your petition correctly, and guide you through the Horry County court system.

Do You Qualify for Expungement?

Eligibility depends on the type of charge and outcome. Expungement is governed primarily by S.C. Code Ann. § 17-1-40. Common qualifying situations include:

• Dismissed charges
• Not guilty verdicts
• First-offense simple possession under § 44-53-410 (conditional discharge)
• First-offense minor alcohol offenses
• Certain first-offense misdemeanors after a waiting period

For example, if you were arrested in Conway for simple possession and completed a conditional discharge, you may qualify to have the charge expunged after completion of the program.

Magistrate vs. General Sessions Expungements in Conway

In Horry County, expungement petitions must match the court type. Magistrate Court handles minor misdemeanors and first-offense charges, while General Sessions Court handles felonies and serious misdemeanors. Filing in the correct court and coordinating with the Fifteenth Circuit Solicitor’s Office ensures timely processing and increases the chance of approval in Conway and Horry County.

What Records Cannot Be Expunged?

South Carolina law does not allow expungement of most violent offenses, serious felonies, and offenses requiring sex offender registration. Expungement is not automatic.

Even when eligible, most expungements require a $250 administrative fee, along with processing fees paid to the solicitor’s office and the South Carolina Law Enforcement Division (SLED). Some dismissed or “nolle prossed” charges may qualify for reduced fees. Payment is required before the order is processed. Once approved, the order is sent to SLED, which coordinates the removal of your record from public databases and notifies relevant agencies.

How Does Expungement Impact Background Checks in Conway?

When your record is expunged:

• Your arrest is removed from public databases
• Employers conducting standard background checks typically can’t see it
• You may lawfully state that the arrest did not occur in most private employment situations

However, certain government agencies may retain limited internal access.

How an Expungement Attorney in Conway Can Help Clear Your Record

A Conway expungement lawyer can review your criminal history to confirm your eligibility under the statute, verify whether waiting periods have expired, and confirm whether you’ve completed all the sentencing conditions. They’ll prepare your expungement application accurately and coordinate with the solicitor’s office to avoid preventable delays. If your eligibility is disputed, they can present the statutory basis clearly to the court.

Seek Legal Guidance from Our Expungement Attorneys

You shouldn’t let a past mistake define your future. However, expungement law is technical, and filing too early or under the wrong statute can result in denial and additional delays. If you want to determine whether you qualify for expungement, call L. Morgan Martin at 843-248-3177 or send us a message online to arrange your no-fee consultation with our expungement lawyer in Conway.