Expungement Attorney in Charleston

Begin Again with the Support of a Charleston Expungement Lawyer

Sealing or clearing a criminal record can open new doors for employment, housing, and peace of mind. At Thurmond Kirchner & Timbes, P.A., we guide Charleston residents through the expungement process with care, clarity, and personal attention every step of the way. 

Our team believes everyone deserves a chance to move forward without the weight of past mistakes holding them back. We help you understand your legal options and feel supported as you work toward a clean record with the guidance of an expungement attorney in Charleston.

Every expungement journey is unique, and getting reliable answers early matters. By working with an expungement lawyer in Charleston who understands local court procedures and agency timelines, you gain a partner who streamlines each step, spots possible delays, and keeps you updated on your progress.

Start the process of clearing your name. Call a knowledgeable expungement attorney in Charleston at (843) 790-0083 or reach out online for a free consultation to check your eligibility under South Carolina law.

What is an Expungement in South Carolina

An expungement is a court order, formally titled an “Order for Destruction of Arrest Records,” that requires all official records of a qualifying arrest, charge, or conviction to be physically destroyed or sealed from public view. Once records are expunged, you can legally state that you were never arrested or convicted for that particular offense, except for very limited purposes (such as federal immigration or obtaining certain professional licenses).

In South Carolina, records can fall into two main categories eligible for expungement: Non-Convictions and Specific First-Offense Convictions.

I. Non-Conviction Records

Under S.C. Code $\S 17-1-40$, records are often eligible for expungement if the charges resulted in a non-conviction outcome. These include:

• Dismissals: Cases dismissed by the prosecutor or judge.
• Nolle Prossed: Cases where the Solicitor chose not to pursue prosecution.
• Not Guilty Verdicts: Charges where the defendant was acquitted at trial.
• Diversion Programs: Charges dismissed after the successful completion of a court-ordered diversion program, such as Pre-Trial Intervention (PTI), the Alcohol Education Program (AEP), or the Traffic Education Program (TEP).

Note: While non-convictions often qualify for free expungement, they still require a formal application and order, especially if the incident occurred before 2009. If the charge was dismissed as part of a plea agreement for a conviction on another charge, a fee usually applies.

II. Qualifying First-Offense Convictions

South Carolina law allows expungement for a very limited, specific set of first-offense convictions. As your experienced Charleston expungement lawyer, we analyze your entire criminal history to ensure you meet the stringent waiting periods and statutory definitions.

• Crucial Ineligibility: Most traffic violations (speeding, reckless driving, etc.), convictions for felonies, and any offense requiring sex offender registration cannot be expunged.

The Complex South Carolina Expungement Process

The process is administrative, requires multiple agencies, and can easily be stalled for months by a single error. A qualified expungement attorney in Charleston handles every step to expedite the destruction of your records.

• Eligibility and Document Review: We confirm that your record meets the precise statutory requirements, calculating the exact date your waiting period ends. We gather certified disposition forms from the Municipal, Magistrate, or General Sessions court where the charge originated.
• Application Filing: The mandatory application must be correctly completed and submitted to the Solicitor's Office for the Ninth Judicial Circuit (Charleston County). We ensure all information is accurate and fully supported by documentation.
• Fee Submission: All non-free expungements require three separate payments made out to three separate agencies: the Solicitor's Office (Administrative Fee: $250), the Clerk of Court (Filing Fee: $35), and the South Carolina Law Enforcement Division (SLED Fee: $25). Our firm manages the timely preparation and submission of these fees.
• SLED and Judicial Review: SLED reviews the application for criminal history eligibility, and the Solicitor reviews it for statutory compliance. Finally, a Circuit Court Judge must sign the formal Expungement Order.
• Record Destruction/Sealing: Once the Order is signed, we follow up with all relevant agencies (the Clerk of Court, local police, SLED) to ensure the records are promptly destroyed or sealed, concluding the process.

The entire process can take several months, but working with our firm ensures there are no procedural delays caused by faulty paperwork.