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| Puerto Rico | Rhode Island | Rhode Island | Rhode Island | Rhode Island | Rhode Island | Rhode Island | Rhode Island | Rhode Island | Rhode Island | Rhode Island | Rhode Island | Rhode Island | South Carolina | South Carolina | South Carolina | South Carolina | South Carolina | South Carolina | South Carolina | |
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| Clearance policy overview | Records of fingerprints and photographs in possession of the Police of Puerto Rico are returned following the dismissal after a successful completion of pre-judgment probation in a first-offense drug possession case. P.R. Laws Ann. tit. 24, § 2404 (b)(1). | Records related to an incident are destroyed within 60 days after detention without arrest, acquittal, dismissal, no true bill, no information, or other exoneration. R.I. Gen. Laws §§ 12-1-12(a), (b). | Records relating to up to five misdemeanor convictions can be expunged by the court 10 years after the completion of the last sentence, so long as the person has no arrests or convictions in that time and no felony conviction. R.I. Gen. Laws § 12-1.3-2. | Records relating to a first misdemeanor conviction can be expunged by the court five years after sentence completion. R.I. Gen. Laws §§ 12-1.3-2, 12-1.3-3(b)(1)(i). | Records relating to a wrongful arrest or an arrest resulting from mistaken identity for which no charges were filed, will be sealed and destroyed by the law enforcement agency within 60 days of the determination that the arrest was wrongful or without probable cause. R.I. Gen. Laws § 12-1-12.2(b). | Records relating to a case resulting from wrongful arrest or mistaken identity can be sealed by the court. R.I. Gen. Laws § 12-1-12.1(a). | Records relating to up to five misdemeanor convictions can be expunged by the court 10 years after the completion of the last sentence, so long as the person has no arrests or convictions in that time and no felony conviction. R.I. Gen. Laws § 12-1.3-2. | Records relating to a conviction for an offense that has been decriminalized can be expunged immediately. R.I. Gen. Laws § 12-1.3-2(g). | Any civil violation, misdemeanor or felony conviction for possession of marijuana that has subsequently been legalized (see R.I. Gen. Laws § 21-28.11-22 for details) will be automatically expunged. All records will be expunged by July 1, 2024. A person may apply for expedited expungement. R.I. Gen. Laws § 12-1.3-5. | Records relating to a crime involving domestic violence that was placed on file will be expunged by the court three years after the date of filing. R.I. Gen. Laws §§ 12-1-12(c), 12-1-12.1(e). | Records relating to a case placed on file will be expunged by the court one year after the date of filing. R.I. Gen. Laws § 12-10-12(c). | Records relating to a case subject to deferred sentencing can be expunged by the court upon the completion of a five year deferral period. R.I. Gen. Laws §§ 12-1.3-2, 12-19-19. | Records relating to a case resulting in an acquittal or otherwise exoneration of the petitioner on all counts, including a dismissal or filing of a no true bill or no information, can be sealed by the court. R.I. Gen. Laws § 12-1-12.1(a). | Records relating to a first misdemeanor fraudulent check offense can be expunged by the court one year after the conviction, so long as the person has no other conviction during that time. S.C. Code Ann. § 34-11-90(e). | Records relating to a first domestic violence in the third degree offense, handled in magistrate's or general sessions court, may be expunged by the court five years after the conviction, if the person has no other conviction during that time. S.C. Code Ann. § 22-5-910(B). | Records relating to a first misdemeanor failure to stop a motor vehicle when signaled by a law enforcement vehicle may be expunged by the court three years after sentence completion, if the person has no other conviction during that time. S.C. Code Ann. § 56-5-750(B). | Records relating to a first offense as a youthful offender can be expunged by the court five years after sentence completion, if the person has no other conviction during the five years. S.C. Code Ann. § 22-5-920. | Records relating to a minor offense handled in magistrate's or general sessions court (or multiple offenses if they arose from the same incident and the person was sentenced at the same proceeding) may be expunged by the court three years after conviction, provided the person has no other conviction during the three year period.S.C. Code Ann. § 22-5-910. | Records relating to a conviction that resulted from the petitioner being a victim of human trafficking can be vacated and expunged by the court. S.C. Code Ann. § 16-3-2020(F). | Records relating to a first offense of minor drug possession can be expunged by the court three years after sentence completion if the person has no other conviction during the three years. S.C. Code Ann. § 22-5-930. |
| Ineligible Category or Citation | This provision applies only to simple drug possession. P.R. Laws Ann. tit. 24, § 2404. | Records associated with a charge of a crime involving domestic violence may be subject to an additional 3 year waiting period before records are sealed, expunged, or destroyed. R.I. Gen. Laws § 12-1-12(c). | Convictions for crimes of violence are ineligible for expungement. R.I. Gen. Laws § 12-1.3-2(a). | Convictions for crimes of violence are ineligible for expungement. R.I. Gen. Laws § 12-1.3-2(a). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | Domestic violence and DUI offenses are ineligible for expungement. R.I. Gen. Laws § 12-1.3-2(a). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | See section 12-10-12 for eligibility of offenses to be placed on file. | See section 12-10-12 for eligibility of offenses to be placed on file. | Convictions for crimes of violence are ineligible for expungement. R.I. Gen. Laws § 12-1.3-2(a). | Records associated with a charge of a crime involving domestic violence may be subject to an additional 3 year waiting period before records are sealed, expunged, or destroyed. R.I. Gen. Laws § 12-1-12(c). | There is no statutory language regarding ineligible offenses. | This provision applies only to domestic violence in the third degree. S.C. Code Ann. § 22-5-910(B). | This provision applies only to a misdemeanor failure to stop a motor vehicle when signaled by a law enforcement vehicle. S.C. Code Ann. § 56-5-750(F). | See section 22-5-920(B)(2) for ineligible offenses. | Motor vehicle offenses, other than failure to stop a motor vehicle when signaled by law enforcement vehicle. S.C. Code Ann. §§ 22-5-910.S.C. Code Ann. §§ 56-5-750(F). | There is no statutory language regarding ineligible offenses. | Applies only to a first offense conviction for either simple possession of a controlled substance under Article 3, Chapter 53, Title 44 or unlawful possession of a prescription drug under Section 40-43-86(EE). S.C. Code Ann. § 22-5-930(A). |
| Clearance Process | Automatic | Automatic | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The records are returned following acquittal or dismissal. | The non-court record is to be destroyed within 60 days. The person must petition the court to seal the court records, see R.I. Gen. Laws § 12-1-12.1. | The petition can be filed 10 years after sentence completion. | The petition can be filed five years after sentence completion. | The non-court record is to be destroyed within 60 days of determination that the arrest was wrongful or without probable cause. The person must petition the court to seal the court records, see R.I. Gen. Laws § 12-1-12.1. | There is no statutory language regarding a waiting period. | The petition can be filed 10 years after sentence completion. | There is no waiting period. | There is no waiting period. | If, for a period of three years after the charge is placed on file, the defendant is not convicted of a crime involving domestic violence, all the records are expunged. R.I. Gen. Laws § 12-1-12(d). | Expungement occurs one year after the case being placed on file. | The petition can be filed after completion of the five-year deferment period. | There is no statutory language regarding a waiting period. | The petition may be filed one year after date of conviction or upon graduation from the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program. S.C. Code Ann. § 17-22-910(A)(11). | The petition may be filed one year after date of conviction or upon graduation from the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program. S.C. Code Ann. § 17-22-910(A)(11). | There is a three-year waiting period. S.C. Code Ann. § 56-5-750. | The petition may be filed one year after date of conviction or upon graduation from the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program. S.C. Code Ann. § 17-22-910(A)(11). | The petition may be filed three years after date of conviction or upon graduation from the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program. S.C. Code Ann. § 17-22-910(A)(11). | There is no statutory language regarding a waiting period. | The petition may be filed three years after sentence completion. S.C. Code Ann. § 22-5-930. |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | The petitioner must pay $100 after the court grants the petition in order to have all the records expunged. R.I. Gen. Laws § 12-1.3-3(c). | The petitioner must pay $100 after the court grants the petition in order to have all the records expunged. R.I. Gen. Laws § 12-1.3-3(c). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | The petitioner must pay $100 after the court grants the petition in order to have all the records expunged. R.I. Gen. Laws § 12-1.3-3(c). | There are no fees. R.I. Gen. Laws § 12-1.3-3(e). | All court costs related to expungement under this section are waived. R.I. Gen. Laws § 12-1.3-5(e). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | The petitioner must pay $100 after the court grants the petition in order to have all the records expunged. R.I. Gen. Laws § 12-1.3-3(c). | There is no statutory language regarding fees. | The fees total $310. S.C. Code Ann. §§ 17-22-940(A), (F), (G); 8-21-310(21). | A $250 fee paid to the solicitor's office per case, plus a $25 application fee to SLED, and some courts charge a $35 filing fee in addition to the solicitor and SLED fee. S.C. Code Ann. § 17-22-940. | A $250 fee paid to the solicitor's office per case, plus a $25 application fee to SLED, and some courts charge a $35 filing fee in addition to the solicitor and SLED fee. S.C. Code Ann. § 17-22-940. | A $250 fee paid to the solicitor's office per case, plus a $25 application fee to SLED, and some courts charge a $35 filing fee in addition to the solicitor and SLED fee. S.C. Code Ann. § 17-22-940. | A $250 fee paid to the solicitor's office per case, plus a $25 application fee to SLED, and some courts charge a $35 filing fee in addition to the solicitor and SLED fee. S.C. Code Ann. § 17-22-940. | There is no statutory language regarding fees. | A $250 fee paid to the solicitor's office per case, plus a $25 application fee to SLED, and some courts charge a $35 filing fee in addition to the solicitor and SLED fee. S.C. Code Ann. § 17-22-940. |
| Effect | The person acquitted shall be entitled to have the Superintendent of Police return to him any fingerprint records and photographs in the possession of the Police of Puerto Rico, taken in connection with the violation. P.R. Laws Ann. tit. 24 § 2404(b)(1). | Any fingerprint, photograph, physical measurements, or other record of identification are destroyed. R.I. Gen. Laws § 12-1-12(a)(1). | The petitioner is released from all penalties and disabilities, except the expunged conviction can be considered a prior conviction in determining the sentence in a subsequent case. The petitioner can state that they have never been convicted of a crime in any application for employment, license, or other civil right or privilege, with exceptions. R.I. Gen. Laws §§ 12-1.3-4(a), (b). Expungement means the sealing and retention of all records of a conviction and probation and the removal from active files of all records and information relating to the conviction and probation. R.I. Gen. Laws § 12-1.3-1(2). | The petitioner is released from all penalties and disabilities, except the expunged conviction can be considered a prior conviction in determining the sentence in a subsequent case. The petitioner can state that they have never been convicted of a crime in any application for employment, license, or other civil right or privilege, with exceptions. R.I. Gen. Laws §§ 12-1.3-4(a), (b). Expungements means the sealing and retention of all records of a conviction and probation and the removal from active files of all records and information relating to the conviction and probation. R.I. Gen. Laws § 12-1.3-1(2). | The person may deny that the arrest ever occurred and need not disclose the arrest for any purpose including, but not limited to, any application for employment or professional license. R.I. Gen. Laws § 12-1-12.2(f). | The court records are sealed. R.I. Gen. Laws § 12-1-12.1(c). | The petitioner is released from all penalties and disabilities, except the expunged conviction can be considered a prior conviction in determining the sentence in a subsequent case. The petitioner can state that they have never been convicted of a crime in any application for employment, license, or other civil right or privilege, with exceptions. R.I. Gen. Laws §§ 12-1.3-4(a), (b). Expungement means the sealing and retention of all records of a conviction and probation and the removal from active files of all records and information relating to the conviction and probation. R.I. Gen. Laws § 12-1.3-1(2). | Petitioner is released from all penalties and disabilities, except the expunged conviction may be considered as a prior conviction in determining the sentence in a subsequent case. Petitioner may state that he or she has never been convicted of a crime in any application for employment, license, or other civil right or privilege, with exceptions. R.I. Gen. Laws § 12-1.3-4(a), (b). Expungement means the sealing and retention of all records of a conviction and probation and the removal from active files of all records and information relating to the conviction and probation. R.I. Gen. Laws § 12-1.3-1(2). | Petitioner is released from all penalties and disabilities, except the expunged conviction may be considered as a prior conviction in determining the sentence in a subsequent case. Petitioner may state that he or she has never been convicted of a crime in any application for employment, license, or other civil right or privilege, with exceptions. R.I. Gen. Laws § 12-1.3-4(a), (b). Expungement means the sealing and retention of all records of a conviction and probation and the removal from active files of all records and information relating to the conviction and probation. R.I. Gen. Laws § 12-1.3-1(2). | The person has no criminal record. R.I. Gen. Law § 12-1-12(d). | The person has no criminal record. R.I. Gen. Law § 12-10-12(c). | The petitioner is released from all penalties and disabilities, except the expunged conviction can be considered a prior conviction in determining the sentence in a subsequent case. The petitioner can state that they have never been convicted of a crime in any application for employment, license, or other civil right or privilege, with exceptions. R.I. Gen. Laws §§ 12-1.3-4(a), (b). Expungement means the sealing and retention of all records of a conviction and probation and the removal from active files of all records and information relating to the conviction and probation. R.I. Gen. Laws § 12-1.3-1(2). | The court records are sealed. R.I. Gen. Laws § 12-1-12.1(c). | After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement. This nonpublic record is not subject to release under section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information. S.C. Code Ann. § 34-11-90. | After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement. This nonpublic record is not subject to release under section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information. S.C. Code Ann. § 22-5-910(D). | After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement. This nonpublic record is not subject to release under section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information. S.C. Code Ann. § 56-5-750(F). | After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement. This nonpublic record is not subject to release under section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information. S.C. Code Ann. § 22-5-920(F). | After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement. This nonpublic record is not subject to release under section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information. S.C. Code Ann. § 22-5-910(D). | The court can vacate the conviction and expunge the record. S.C. Code Ann. § 16-3-2020(F). | After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information. S.C. Code Ann. § 22-5-920 (C). |
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