Charleston Expungement Lawyer

Expungement is the legal process that erases a charge—and all related facts—from your record, including those that did not result in a conviction. Because your record is a matter of public information, it contains details that could affect your whole life. The benefits of having such information removed could be immense.

Expungement criteria are strict, which makes seeking the support of a skilled defense attorney advisable. Explore your options with Dayne Phillips, an experienced Charleston expungement lawyer, today.

Expungement State Law

A Charleston attorney could explain in detail which arrests, criminal charges, and convictions could be sealed by expungement. Once this information is removed from the public record, it is no longer visible to potential landlords, employers, and any other members of the public with an interest in you. A sealed record is only available to certain members of law enforcement or by court order.

When Are Expungements a Possibility?

A Charleston attorney may not be able to help you secure an expungement for every offense. Specific criteria apply, including the following:

• The charge was dismissed, adjudicated not guilty, or the prosecutor dropped the charge
• The charge was dismissed because you completed a diversion program, such as an alcohol education program
• The charge was the direct result of being the victim of human trafficking
• Convictions with a maximum penalty of 30 days in jail and a fine of up to $1,000
• First offense convictions for misdemeanor fraudulent check charges when there are no additional convictions within a year of sentence completion
• First-offense convictions for the unlawful possession of a firearm when there are no additional criminal convictions within three years, or within five years when domestic violence is involved
• First-offense convictions for simple possession of a controlled substance or unlawful possession of a prescription drug when there are no additional criminal convictions within three years of sentence completion
• First-offense convictions for possession with intent to distribute a controlled substance when there are no additional drug or felony convictions for 20 years following sentence completion
• First-offense convictions for failing to stop for blue flashing lights when there is no additional conviction within three years of sentence completion

Please note that some expungement criteria are available only to youth offenders.

The Youthful Offender Act

Offenders who are under 25 when they are convicted of a crime may qualify for an expungement under the Youthful Offender Act. Each of the following must apply to qualify:

• You completed your sentence and probation more than five years ago
• You have not been convicted of anything since then
• Your conviction was not for a violent crime, domestic violence, or driving-related offense, including drunk driving
• The conviction did not require registration as a sex offender

A Charleston lawyer could review your case and explain your expungement options in detail.

The Social Benefits of Expungement

The social benefits of having a conviction or charge removed from your record could be immense. For example, it could expand your employment opportunities, because many companies have a policy of not hiring applicants with a criminal record.

An expungement could also improve your eligibility for acceptance in further education and some forms of education-related financial aid. In addition, it could improve your eligibility for gun ownership and professional license.

A criminal record could reduce your opportunities in the community, which could result in diminished prospects. A seasoned expungement attorney in Charleston could help.

Contact an Experienced Expungement Attorney in Charleston Today

Dayne Phillips is a dedicated Charleston expungement lawyer with extensive experience securing the removal of criminal information from public view, and he is ready to work with you. Your future is too important to leave to chance. Contact Dayne Phillips today for more information about how he and the team could help you.