Greenville, SC asked in Criminal Law for South Carolina

Q: I have a fraudulent check arrest record from over 20 years ago. How can I request that it be removed/expunged?

What documents are needed? Must they be filed in person? Is a lawyer required to assist in this process? The check was less than $50 and was paid for at the law enforcement agency when processed.

Related Topics:
2 Lawyer Answers
Stephen Grooms
PREMIUM
Answered

A: It depends on what the actual charge was, if you have had anything expunged in the past, what if any record you have from the three years after the conviction, etc. You can either contact the clerk of court and ask to speak to someone in expungements or call a local criminal defense attorney.

This is something you could do on your own, but many prefer to let an attorney handle it rather than learning the process themselves.

A: The process for getting an expungement can be confusing but if that is the only charge that you have on your record i would recommend contacting the solicitor's office in the county where you were charged and they will be able to process the expungement with a certified copy of the disposition of the charge and the applicable fees. If you have anything else on your record it might be a good idea to contact an attorney for help.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.