Goose Creek Expungement Lawyer

Though some criminal offenses remain permanently on your record, many can be removed under the right circumstances. With a clean record, you can move forward with your life, free from the consequences of previous convictions. This process, called expungement, involves taking the proper legal steps.

A skilled Goose Creek expungement lawyer could review your case and help you navigate this process to try and clear your record. Get in touch with a diligent criminal defense attorney to learn your legal options and how you can pursue them.

When is a Crime Eligible for Expungement?

Expungement is the process of removing a case of charge from a person’s criminal record. South Carolina Code 17-22-910 details the types of crimes and circumstances eligible for expungement. Different kinds of criminal charges are subject to certain requirements that often include no further convictions or taking a specialized rehabilitation program. Examples of crimes that may be eligible for expungement include:

  • Any charge that resulted in the completion of a pre-trial intervention course
  • A first offense for a fraudulent check misdemeanor
  • Non-violent first convictions for people aged 17-24 at the time of conviction
  • First-time marijuana possession charges if the defendant finishes a conditional discharge program

If the potential penalty for the crime was no more than a fine of $500 or 30 days in jail, the case is likely eligible for expungement, given there were no further convictions in the last three years. A knowledgeable Goose Creek expungement attorney could explain these distinctions and how they might apply to specific circumstances.

Non-Convictions and Expungement

Even accusations that do not lead to convictions can remain on a criminal record. As of 2009, all courts must automatically expunge records for non-convictions. A non-conviction occurs when the prosecutor dismisses the case, or the court renders a not-guilty verdict.

A motion to expunge may be necessary if a crime still exists on someone’s criminal record after a non-conviction. A lawyer could help a defendant in Goose Creek seek expungement of non-convictions and other eligible offenses from their criminal record.

The Expungement Process in Goose Creek

A criminal record often makes it problematic to get a job, pursue an education, or even earn certain licenses. Therefore, the expungement process could help alleviate these burdens and is extremely valuable to anyone previously convicted of a crime.

When a person’s case is eligible, they should file a petition for expungement with the State Solicitor’s Office as soon as possible. Each district office may have slightly different rules for filing these motions, and it is essential that any petition follows them all. These requirements include payment of the petition fee.

When the petition is filed, the Solicitor’s Office will cross-reference included information with the Law Enforcement Division and confirm the eligibility of the offense. However, the judge ultimately decides whether or not to permit the expungement. A local expungement lawyer could take the lead during this process.

Consult a Goose Creek Expungement Attorney

If you still have a criminal record, you may face challenges in your day-to-day life. When it is available, expungement can make every aspect of your life considerably more manageable.

A seasoned Goose Creek expungement lawyer could help guide you through this process. A member of our legal team could review your eligibility for expungement and help you navigate the paperwork needed to file a petition. Contact us today to schedule a consultation.