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| South Carolina | South Carolina | South Carolina | South Carolina | South Carolina | South Carolina | South Dakota | South Dakota | South Dakota | South Dakota | South Dakota | South Dakota | South Dakota | South Dakota | Tennessee | Tennessee | Tennessee | Tennessee | Tennessee | Tennessee | |
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| Clearance policy overview | Records relating to a first offense of drug possession with intent to distribute can be expunged by the court 20 years after sentence completion if the person has no other conviction during the 20 years. S.C. Code Ann. § 22-5-930. | Records relating to an arrest for which the petitioner successfully completed an alcohol education program can be destroyed by the court. S.C. Code Ann. § 17-22-530. | Records related to an arrest for which the petitioner successfully completed a traffic education program can be destroyed by the court. S.C. Code Ann. § 17-22-330. | Records relating to a first controlled substance charge can be expunged by the court upon dismissal following the successful completion of probation pursuant to a conditional discharge. S.C. Code Ann. § 44-53-450. | Records relating to an arrest and charge can be destroyed by the court upon the successful completion of a pretrial intervention program. S.C. Code Ann. § 17-22-150. | Records relating to a criminal offense that was discharged, dismissed, or resulted in an acquittal, if expunged, are placed under seal immediately and destroyed after three years and 120 days. S.C. Code Ann. § 17-1-40. | Records relating to an arrest can be expunged one year after case dismissal or one year after arrest if no charges filed, or less than a year after dismissal upon a showing of compelling neccessity. S.D. Codified Laws § 23A-3-27. | Records relating to an arrest and court proceedings can be destroyed by the Bureau of Criminal Statistics once a person reaches the age of 75, if no violation has occurred within 10 years of the authorized destruction date. S.D. Codified Laws § 23-6-8.1. | Records relating to misdemeanor offenses can be destroyed by the Bureau of Criminal Statistics 10 years after the date of the final disposition. S.D. Codified Laws § 23-6-8.1. | Records relating to a charge or conviction for a petty offense, municipal ordinance violation, or a Class 2 misdemeanor as the highest charge can be removed from the public record after 5 years, if all court-ordered conditions are satisfied. S.D. Codified Laws § 23A-3-34. | Records relating to an arrest and court proceedings for an incident that is no longer a crime in South Dakota can be destroyed by the Bureau of Criminal Statistics at any time. S.D. Codified Laws § 23-6-8.1. | Records relating to a conviction which has been pardoned can be sealed. S.D. Codified Laws §§ 24-14-1; 24-14-11. | Upon dismissal for the successful completion of pre-judgment probation for a person with no prior convictions, records of arrest and court proceedings are sealed. S.D. Codified Laws §§§ 23A-27-17; 23A-27-12.2; 23A-27-13. | Records relating to an arrest can be expunged at any time after an acquittal. S.D. Codified Laws § 23A-3-27. | Public records relating to an arrest and prosecution can be destroyed upon release without charge, nolle prosequi, no true bill, or dismissal. Tenn. Code Ann. § 40-32-101(a)(1)(A). | Public records relating to a case in which the person was found not guilty on all counts can be removed and destroyed immediately. Tenn. Code Ann. § 40-32-101(a)(1)(F). | Records relating to certain misdemeanor and class E felony convictions can be expunged five years after sentence completion, so long as the person has no more than two convictions. Tenn. Code Ann. § 40-32-101(g), (k). | Records relating to certain class D and C felony convictions can be expunged 10 years after sentence completion, so long as the person has no more than two convictions, only one of which may be a felony conviction. Multiple offenses that occurred at the same time and as part of the same course of conduct are considered a single conviction for purposes of this section. Tenn. Code Ann. § 40-32-101(g)(1)(D)-(F), (k). | Records relating to a non-violent offense can be expunged after a pardon by the governor. Tenn. Code Ann. § 40-32-101(h). | Records relating to convictions that resulted from being a victim of human trafficking can be expunged by the court after one year. Tenn. Code Ann. § 40-32-105. |
| Ineligible Category or Citation | Applies only to a first offense conviction for possession with intent to distribute a controlled substance under Article 3, Chapter 53, Title 44. S.C. Code Ann. § 22-5-930. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | This provision applies only to petty offenses, municipal ordinance violations, and Class 2 misdemeanors. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There are no ineligible offenses. | See subsection (g)(1) for eligible and ineligible offenses. Tenn. Code Ann. § 40-32-101. Additionally, a petitioner is ineligible under this section if the petitioner was convicted of a controlled substance offense involving a motor vehicle under Tenn. Code Ann. §55-50-102. | See subsection (g)(1) for eligible and ineligible offenses. Tenn. Code Ann. § 40-32-101. | This section applies only to nonviolent convictions occurring after January 1, 1980, for which the person received a pardon. Tenn. Code Ann. § 40-32-101(h). | See Tenn. Code Ann. § 40-32-105(b)(6). |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Automatic | Automatic | Automatic | Automatic | Automatic | Automatic | Petition-based | Petition-based | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The petition may be filed 20 years after sentence completion. S.C. Code Ann. § 22-5-930. | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | The petition can be filed upon dismissal and discharge. | There is no statutory language regarding a waiting period. | The record is sealed immediately. After three years and 120 days, the record is destroyed. | The petition can be filed one year after arrest if no charges are filed or one year after charges are dismissed. | The record can be destroyed 10 years after any violation if the person is 75 or older. | The records can be destroyed 10 years after final disposition. | The records are removed after 5 years. | The record can be destroyed at any time after the offense is decriminalized. | The order sealing the record is entered upon the granting of the pardon. | The record is sealed upon the successful completion of probation. | The petition can be filed at any time after acquittal. | There is no statutory language regarding a waiting period. | There is no waiting period. | The petition can be filed five years after sentence completion. | The petition can be filed 10 years after the sentence is completed. | There is no statutory language regarding a waiting period. | The petition can be filed one year after completion of the person's most recent sentence. Tenn. Code Ann. § 40-32-105(b)(1). |
| 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. | 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 fee. S.C. Code Ann. § 17-1-40(D). | The petitioner must pay a fee equal to the filing fee for a civil action. S.D. Codified Laws § 23A-3-28. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | Petitioner must pay a fee equal to the filing fee for a civil action. S.D. Codified Laws § 23A-3-28. | There are no fees. Tenn. Code Ann. § 40-32-101(e). | There are no fees. Tenn. Code Ann. § 40-32-101(e). | There is no state fee. $100 may be charged by the clerk for proceedings related to expungements. Tenn. Code Ann. § 8-21-401(b)(1)(D)(x). | There is no state fee. $100 may be charged by the clerk for proceedings related to expungements. Tenn. Code Ann. § 8-21-401(b)(1)(D)(x). | There is no state fee. $100 may be charged by the clerk for proceedings related to expungements. Tenn. Code Ann. § 8-21-401(b)(1)(D)(x). | There is no state fee. $100 may be charged by the clerk for proceedings related to expungements. Tenn. Code Ann. § 8-21-401(b)(1)(D)(x). |
| Effect | 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). | 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). | 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). | The person is restored to prearrest status and need not disclose the arrest in response to any inquiry. S.C. Code Ann. § 44-53-450(B). 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). | The person is restored to prearrest status and need not disclose the arrest in response to any inquiry. S.C. Code Ann. § 17-22-150. All reports must be retained on file in the solicitor's office for a period of two years after the successful completion of the program. After the retention of these reports for two years, they can be destroyed. S.C. Code Ann. § 17-22-130. | "Under seal" means the information is not a public document and not subject to disclosure other than to a law enforcement or prosecution agency, and attorneys representing a law enforcement or prosecution agency. Once destroyed, no evidence of the record pertaining to the charge or associated bench warrants can be retained by any municipal, county, or state agency unless under specified circumstances. S.C. Code Ann. § 17-1-40. | The person is restored to prearrest status and need not disclose the arrest or charge in response to any inquiry. S.D. Codified Laws § 23A-3-32. Expungement is the sealing of records and does not imply physical destruction. S.D. Codified Laws § 23A-3-26. | Records under the control of the Bureau of Criminal Statistics are destroyed. S.D. Codified Laws § 23-6-8.1. | Records under the control of the Bureau of Criminal Statistics are destroyed. S.D. Codified Laws § 23-6-8.1. | The charge or conviction is removed from the person's public record but remains available to court personnel or by court order and may be used as an enhancement in the prosecution of subsequent offenses as provided by law. S.D. Codified Laws § 23A-3-34. | Records under the control of the Bureau of Criminal Statistics are destroyed. S.D. Codified Laws § 23-6-8.1. | The person is restored to pre-arrest status and need not disclose the arrest in response to any inquiry. The document certifying that the governor has pardoned a person remains public for five years. The nonpublic record is retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing for any subsequent offense. S.D. Codified Laws § 24-14-11. | The nonpublic records are retained by the Division of Criminal Investigation. The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. S.D. Codified Laws § 23A-27-17. | The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. S.D. Codified Laws § 23A-3-32. Expungement is the sealing of records and does not imply physical destruction. S.D. Codified Laws § 23A-3-26. | Public records are removed and destroyed. This does not include confidential records maintained by law enforcement agencies and district attorneys for law enforcement purposes. Tenn. Code Ann. § 40-32-101(a)(1)(A), (b)(1). | Public records are removed and destroyed. Tenn. Code Ann. § 40-32-101(a)(1)(F). | The person is restored to pre-arrest status and need not disclose the arrest, charge, or conviction in response to any inquiry. Legally, the conviction never occurred, and no collateral consequences can be imposed or continued. Tenn. Code Ann. § 40-32-101(g)(12). | The person is restored to pre-arrest status and need not disclose the arrest, charge, or conviction in response to any inquiry. Legally, the conviction never occurred, and no collateral consequences can be imposed or continued. Tenn. Code Ann. § 40-32-101(g)(12). | The person is restored to pre-arrest status and need not disclose the arrest, charge, or conviction in response to any inquiry. Legally, the conviction never occurred, and no collateral consequences may be imposed or continued. Tenn. Code Ann. § 40-32-101(g)(12). | Expungement restores the person, in the contemplation of the law, to the same status occupied before the arrest, indictment, information, trial, and conviction for the expunged offenses. Tenn. Code Ann. § 40-32-105(h)(i). |
| Remedy | Expunge | Delete | Delete | Expunge | Delete | Expunge | Expunge | Delete | Delete | Seal | Delete | Seal | Seal | Expunge | Delete | Delete | Expunge | Expunge | Expunge | Expunge |
