Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	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 delinquency matter where the person was found not guilty will be expunged, so long as the person is not subject to a disqualifying event. S.C. Code Ann. § 63-19-2050(C)(3).	Records relating to nonviolent charges can be expunged once the person turns 18, so long as the person is not subject to a disqualifying event. S.C. Code Ann. § 63-19-2050(C)(2), (3).	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.	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 delinquency matter can be sealed if the court finds that the child has been satisfactorily rehabilitated and the person is not subject to a disqualifying event. Such a petition may be filed and considered by the court no less than one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the department of corrections, whichever date is later. S.D. Codified Laws § 26-7A-115.	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.
Ineligible Category or Citation	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.	A person is ineligible for expungement if the person has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult, did not successfully complete their initial sentence; has been subsequently adjudicated for or convicted of any criminal offense, or has any criminal charges pending in family court or general sessions court. S.C. Code Ann. § 63-19-2050(C)(3). An adjudication for a violent crime is not eligible for expungement. S.C. Code Ann. § 63-19-2050(C)(3).	A person is ineligible for expungement if the person has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult, did not successfully complete their initial sentence; has been subsequently adjudicated for or convicted of any criminal offense, or has any criminal charges pending in family court or general sessions court. S.C. Code Ann. § 63-19-2050(C)(3). An adjudication for a violent crime is not eligible for expungement. S.C. Code Ann. § 63-19-2050(C)(3).	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).	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.	There is no statutory language regarding ineligible offenses.	This provision applies only to petty offenses, municipal ordinance violations, and Class 2 misdemeanors.
Clearance Process	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Petition-based	Automatic	Petition-based	Automatic	Automatic	By petition or court's own motion	Automatic
Waiting Periods	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 can be filed at any time.	The petition may be filed when the person is at least 18 years old.	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.	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 petition can be filed one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the Department of Corrections, whichever date is later.	The records are removed after 5 years.
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.	There are no fees. S.C. Code Ann. § 63-19-2050(C)(3).	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.	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.
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. § 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).	The court can expunge all official records relating to the arrest, charges, adjudication, and disposition. S.C. Code Ann. § 63-19-2050(A). A juvenile convicted of an offense in family court who is required to register pursuant to the provisions of this article who has his record expunged, sealed, or receives a pardon must be removed from the registry by SLED. S.C. Code Ann. § 23-3-437. The effect of the expungement order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person as to whom the expungement order has been entered can be lawfully expected to disclose the expunged information for any purpose. S.C. Code Ann. § 63-19-2050(E). For further information on the effect of expungement, see S.C. Code Ann. § 63-19-2050(D).	The court can expunge all official records relating to the arrest, charges, adjudication, and disposition. S.C. Code Ann. § 63-19-2050(A). A juvenile convicted of an offense in family court who is required to register pursuant to the provisions of this article who has his record expunged, sealed, or receives a pardon must be removed from the registry by SLED. S.C. Code Ann. § 23-3-437. The effect of the expungement order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person as to whom the expungement order has been entered can be lawfully expected to disclose the expunged information for any purpose. S.C. Code Ann. § 63-19-2050(E). For further information on the effect of expungement, see S.C. Code Ann. § 63-19-2050(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. § 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).	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 court can seal all of the court's records and files and the records and files in the custody or under the control of any other agency or official. S.D. Codified Laws § 26-7A-115. Sealed records can be used by the court in other delinquency actions or proceedings or in subsequent criminal proceedings for sentencing purposes. S.D. Codified Laws § 26-7A-116.	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.
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The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.