Asked in Criminal Law for South Carolina

Q: In 2014 I was arrested for a simple assault. This is the ONLY thing on my record. Can I get this expunged?

I was arrested on 09/03/2014 for a simple assault. (Which I plead guilty to.) This is the the only thing on my record. I am currently trying to get employed at a local plant, but they won’t hire me with this on my record. Anything I can do? I am now 22 years of age.

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1 Lawyer Answer
Stephen Grooms
Stephen Grooms
  • Criminal Law Lawyer
  • Myrtle Beach, SC
  • Licensed in South Carolina

A: Assuming your conviction was for a simple assault and battery in the state of South Carolina, you are eligible to have the conviction expunged if you meet the requirements. You would need to contact the local clerk or court where you were convicted to get started. If they do not help you, you can contact SLED.

The basic requirements are, you have to wait 3 years from the date of conviction, you have to have not been convicted of some other criminal offense during those 3 years, and you have to have not had any other charge expunged in your lifetime. There may be an allowance if a previous charge was expunged due to completing pre-trial intervention, or another statutorily provided exception. The cost will be around $300 - $350, and you do not need an attorney.

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