How Much Does an Expungement Cost in South Carolina — and How Long Does It Take?

A past arrest can block a job, an apartment, a loan, or a professional license long after the case ended. South Carolina law gives many people a way to clear that record. The process is called expungement. It ends with a court order that directs government agencies to destroy the records of an arrest or a qualifying conviction.

Two questions come up in almost every first conversation. What will it cost? And how long will it take? The short answers are direct. When all three standard state fees apply, the total is $310. Many dismissals and not guilty outcomes carry no state fees at all. The process itself takes several months in most cases, and solicitor offices warn that it may take up to about six months in busy circuits.

The long answers matter more, because the fee and the timeline both depend on how your case ended. A dismissed charge follows one path. A first offense conviction follows another. A drug conviction follows a third. This guide walks through each fee, each main eligibility route, each waiting period, and each step in the process, so you can place your own case on the right track before you spend anything.

Nothing here is a promise about your record. Only a review of your full criminal history can confirm that a charge qualifies. But the rules below are the rules the solicitor, the State Law Enforcement Division, and the court will apply to your application.

What Does an Expungement Cost in South Carolina? The Three Fees Explained

South Carolina sets the standard expungement fees in S.C. Code § 17-22-940. Three separate fees can apply to one application. Each fee goes to a different office, and each office does a different part of the work.

The first fee is a $250 administrative fee paid to the solicitor's office. The solicitor's office runs the expungement process in its circuit. Staff review your application, check your record, coordinate with other agencies, prepare the proposed order, and file the signed order with the clerk of court. The statute calls the $250 charge an administrative fee for that service, and it states that the fee is nonrefundable. That point is easy to miss. If the solicitor later finds that your charge does not qualify, the $250 does not come back. This is one strong reason to confirm eligibility before you file and pay.

The second fee is a $25 fee paid to the South Carolina Law Enforcement Division, known as SLED. SLED holds the state criminal history database. Before an order is signed in most cases, SLED verifies that the charge is one the law allows to be expunged. The $25 charge covers that verification request. The solicitor's office forwards the payment to SLED as part of the application.

The third fee is a $35 filing fee paid to the clerk of court. The clerk files the signed expungement order and keeps the court record. The filing fee amount comes from S.C. Code § 8-21-310(C)(4), and § 17-22-940 directs that it be forwarded to the clerk and placed in the county general fund. One protection applies here. If your charge turns out to be ineligible, the statute says the prepaid clerk filing fee must be refunded to you, even though the $250 administrative fee is not refunded.

Add the three fees together and you get $310. That is the full standard cost when all three fees apply to a single order. Most applications deal with one charge and one order. If you have charges from separate incidents, you may need separate applications, and the fees can repeat. Charges that arise from a single incident and qualify under the dismissal statute can sometimes be grouped on one application. Ask about grouping before you pay for more than one application, because the answer can change your total cost.

When Is an Expungement Free in South Carolina?

Many people pay nothing in state fees. The reason is S.C. Code § 17-1-40. That statute covers charges that ended without a conviction. If your charge was discharged, the case against you was dismissed, the solicitor chose not to prosecute the charge, or you were found not guilty, the law provides for the arrest and booking record, mug shots, and fingerprints tied to that charge to be destroyed.

Section 17-22-940 then waives the fees for most of these cases. A person who applies for expungement of General Sessions charges under § 17-1-40 is exempt from the $250 administrative fee. SLED may not charge its $25 verification fee when expungement is sought under § 17-1-40. The clerk of court filing fee also does not apply to this route. In plain terms, a qualifying dismissal or acquittal in General Sessions court can be expunged without the three standard fees.

There is one exception, and it catches people off guard. The $250 fee waiver does not apply when the charge was dismissed, discharged, or dropped as part of a plea arrangement in which you pled guilty and were sentenced on other charges. In that situation, the dismissal was part of a bargain, and the statute treats it differently. The administrative fee can apply even though the charge itself ended in a dismissal. If your case ended with a plea to some charges and a dismissal of others, expect the solicitor's office to look closely at which charges get the waiver and which do not.

Summary court cases follow their own track. Charges in magistrate court or municipal court that end in dismissal or a not guilty finding are handled through that court, and solicitor offices and court guidance describe that route as free of charge as well. The practical lesson is the same either way. Do not assume a dismissal cleared itself, and do not assume you must pay $310 to clear it. Find out which court handled the charge and which statute applies, and you will know your fee before you file.

Who Qualifies for Expungement in South Carolina? The Main Routes and Waiting Periods

Cost is only half the question. The other half is whether the law allows your record to be cleared at all, and how long you must wait before you apply. South Carolina does not offer one general expungement for all records. It offers a set of narrow routes. Each route has its own statute, its own waiting period, and its own limits. Most routes can be used only once in a lifetime. Here are the main ones.

Dismissed Charges and Not Guilty Findings: No Waiting Period

The first route is § 17-1-40, covered above. It reaches charges that were dismissed, discharged, dropped by the solicitor, or ended in a not guilty finding. There is no multi-year waiting period on this route. Once the case has ended in one of those outcomes, you can pursue expungement. This is the fastest and cheapest route in South Carolina law, and it is also the most common reason people are surprised. Many people assume a dismissed charge vanished on its own. It did not. The arrest record stays in the system until an expungement order directs agencies to destroy it. If you were arrested and your case was thrown out years ago, that record may still appear on a background check today.

First Offense Convictions Under § 22-5-910: Three Years, Five for Domestic Violence

The second route is S.C. Code § 22-5-910. It covers a first offense conviction for a crime that carries a penalty of no more than 30 days in jail or a $1,000 fine, or both. After three years from the date of the conviction, you may apply to the circuit court for an order expunging the records of the arrest and the conviction. Two limits control this route. You must have had no other conviction during the three-year period. And no one may use this section more than once.

Some offenses are excluded. The section does not apply to an offense involving the operation of a motor vehicle, so a DUI conviction cannot be cleared this way. Certain fish, game, and watercraft violations with points or suspension are also excluded.

Domestic violence has its own clock inside this statute. A first offense conviction for domestic violence in the third degree may be expunged after five years from the date of conviction, with no other conviction during that period. If your record holds a third-degree domestic violence conviction, plan on the five-year wait, not the three-year wait, and get advice on the other legal effects of that conviction before you file.

Fraudulent Check Convictions Under § 34-11-90(e): One Year

The third route is S.C. Code § 34-11-90(e). It covers a first offense conviction under the Fraudulent Check Law. After one year from the date of the conviction, you may apply to the court for an order expunging the records of the arrest and conviction. The route does not apply to a crime classified as a felony. You must have had no other conviction during the one-year period after the conviction. If you meet the test, the statute says the court shall issue the order. Like most routes, this one can be used only one time.

A single bad check case from years ago is a common record problem in South Carolina. It often shows up at the worst moment, during a job application or a bank account review. This one-year route is the shortest conviction wait in the expungement statutes, so a fraudulent check conviction should be one of the first items reviewed in any record cleanup.

Youthful Offender Convictions Under § 22-5-920: Five Years After the Sentence Ends

The fourth route is S.C. Code § 22-5-920. It covers a first offense conviction where the person was sentenced under the Youthful Offender Act. You may apply after five years from the date you complete your sentence, including any probation or parole term. You must have had no other conviction during the sentence and during that five-year period. Offenses classified as violent crimes and offenses that require sex offender registration are excluded, along with certain other categories the statute names. This route also may be used only once.

Young people make mistakes that follow them into every job interview in their twenties and thirties. The Youthful Offender Act exists to give a second chance, and § 22-5-920 is the part of that second chance that clears the public record. The five-year clock runs from completion of the sentence, not from the conviction date, so a long probation term pushes the start date back. Count from the day the sentence fully ended.

Drug Convictions Under § 22-5-930: Three Years for Simple Possession, Twenty for Possession With Intent

The fifth route is S.C. Code § 22-5-930. It covers first offense drug convictions. A first conviction for simple possession of a controlled substance, or unlawful possession of a prescription drug, may be expunged three years after completion of the sentence, including probation and parole, if you have had no other conviction during that period. A first conviction for possession with intent to distribute carries a far longer wait. That conviction may be expunged twenty years after completion of the sentence, with strict limits on other convictions during that long period. This route may be used only once in a lifetime, and added limits apply if you had an earlier conditional discharge for a drug charge.

The gap between three years and twenty years is the widest in South Carolina expungement law. Two people with drug records from the same year can face very different futures based on the exact charge of conviction. That is why a record review starts with the sentencing sheet and the exact offense, not with the arrest charge or with memory.

How Long Does an Expungement Take in South Carolina? A Realistic Timeline

The waiting periods above are only the first clock. A second clock starts when you file the application, and it measures how long the offices take to process your case. People often confuse the two clocks. You must first become eligible, which can take years. Then the application itself takes months.

Solicitor office guidance gives the honest range. The Eleventh Circuit Solicitor's Office tells applicants that the process may take up to six months from the date its expungement office receives a completed application. Other solicitor offices give similar guidance, describing a process that takes several months and can run up to about six months when volume is high. No office can promise a finish date, and no lawyer should promise one either. Treat any promise of a cleared record in a few weeks with real doubt.

Why does a simple order take months? The work passes through several hands. The solicitor's office reviews your application and your record. SLED verifies that the charge qualifies. A judge must sign the order. The clerk of court files it. Then the order goes out to each agency that holds records, and each agency must act on it. A missing disposition, an old case file in storage, or a name mismatch at any step can add weeks. Cases from many years ago often take longer, because the underlying court records take longer to confirm.

How Do You Get an Expungement in South Carolina? The Steps in Order

The process follows the same basic steps in every circuit, even though local forms differ. Knowing the steps helps you spot where a stalled case is sitting.

Step one is a record review. Get your criminal history and the disposition of each charge. Identify the court, the charge, the outcome, and the date. Match each item to the statute that covers it. This step decides everything else, including your fee and your wait.

Step two is the application to the solicitor's office in the circuit where the charge arose. You complete the office's application packet and submit the required fees in the required form. For summary court dismissals, the application may go to that court instead. Follow the local rule for your case type.

Step three is SLED verification. The solicitor's office sends the request to SLED in most cases. SLED checks the charge against the expungement statutes and reports back whether the charge is appropriate for expungement. For § 17-1-40 dismissals, SLED does not charge the verification fee, as explained above.

Step four is the judge's signature. A circuit court judge, or a family court judge for a juvenile matter, signs the expungement order. Without that signature, there is no order and no destruction of records.

Step five is filing and distribution. The solicitor's office files the signed order with the clerk of court and sends it to the agencies that hold your records. Those agencies must destroy the arrest and booking records covered by the order, subject to limited sealed retention rules in § 17-1-40 that keep some material under seal for law enforcement use and away from public view.

What an Expungement Does Not Erase

An expungement order binds government agencies. It does not rewrite the internet. News stories about an arrest stay in news archives. Mugshot sites and private background check databases may keep old data they gathered before the order, and they update on their own terms or not at all. An expungement gives you a legal tool to demand corrections, and many databases will remove a record when shown a signed order. But expect to do follow-up work, and expect some private traces to take longer to fade than the official record.

An expungement also does not answer every question the same way. Job and license applications ask different questions. Some ask about arrests, some ask about convictions, and some regulated fields can still ask about expunged matters or can still see them through federal checks. Read each question with care and answer it with truth. A wrong answer on an application can do more harm than the old charge would have done. When a question is close, get advice before you sign, not after a denial arrives.

Gun rights deserve a direct word. A criminal record can block a firearm purchase or carry rights, and clearing a record can be one step in a longer process. It is not the whole process in every case. Some convictions affect rights under federal law even after a state expungement, and some people need a pardon or another form of relief instead of, or in addition to, an expungement. If your goal is to own a firearm again, read our guide on how to get gun rights back in South Carolina, compare the paths in South Carolina gun rights through expungement or pardon, and review the limits explained in expungement to restore gun rights and the pardon option before you buy or carry anything. Acting on a guess in this area can create a new criminal case, which is the opposite of the fresh start you want.

Frequently Asked Questions About Expungement Cost and Timing in South Carolina

How much does it cost to get your record expunged in SC?

When all three standard fees apply, the total is $310. That breaks down as a $250 administrative fee to the solicitor's office, a $25 fee to SLED, and a $35 filing fee to the clerk of court. The fees are set by S.C. Code § 17-22-940. Attorney fees, if you hire a lawyer, are separate from these state fees.

Can I get my record expunged for free in South Carolina?

Often, yes. If your charge was dismissed, dropped by the solicitor, or ended in a not guilty finding, S.C. Code § 17-1-40 covers the expungement, and § 17-22-940 waives the standard fees for most of those cases. The main exception is a dismissal that was part of a plea bargain where you pled guilty to other charges. In that case the $250 administrative fee can still apply.

How long does an expungement take in SC?

After you become eligible and file a complete application, expect several months. Solicitor offices advise that the process may take up to about six months in busy circuits. The order must pass through the solicitor's office, SLED verification in most cases, a judge's signature, and filing with the clerk of court before agencies destroy the records. No honest source can guarantee a faster finish.

Do I have to wait three years to expunge a dismissed charge?

No. The three-year wait applies to certain first offense convictions under § 22-5-910. A charge that was dismissed or ended in a not guilty finding is handled under § 17-1-40, and that route has no multi-year waiting period. You can pursue it once the case has ended in a qualifying outcome.

Can a DUI be expunged in South Carolina?

A DUI conviction cannot be expunged under § 22-5-910, because that section does not apply to offenses involving the operation of a motor vehicle. A DUI charge that was dismissed or ended in a not guilty finding is different. That charge can be addressed under § 17-1-40 like other non-convictions.

Will an expungement remove my mugshot from the internet?

Not by itself. The order directs government agencies to destroy their records. News archives, mugshot sites, and private databases are not government agencies. Many will remove or update a record when you send them the signed order, but that follow-up is separate work and can take added time.

Can I expunge more than one charge?

It depends on how the charges arose and how each case ended. Multiple dismissed charges from a single incident may be grouped in one application in some cases. Conviction routes are much narrower. Most conviction statutes may be used only once in a lifetime, and charges from separate incidents can require separate applications and separate fees. A full record review is the only way to map your charges with confidence.

Get a Clear Answer on Your Record Before You Pay Any Fee

The most costly expungement mistake is paying a nonrefundable fee for a charge that never qualified. The second most costly mistake is waiting. Every month a record stays public is another month it can block a job, a lease, or a license that you should have had.

Traywick Law Offices reviews South Carolina records, matches each charge to the right statute, confirms the fee and the waiting period, and handles the application through the solicitor's office, SLED, and the court. You will know your total state fees, your realistic timeline, and the limits of what an order can and cannot do before you commit.

Start with a free consultation. Request yours through our legal opinion intake form or call Traywick Law Offices at (843) 343-5092. Bring any paperwork you have from your case, and if you do not have paperwork, come anyway. The record review will find what the background check companies are seeing, and you will leave with a straight answer on cost, on timing, and on whether South Carolina law gives you a way to clear your name.

This article gives general information about South Carolina law. It is not legal advice about your record. Eligibility turns on your full criminal history and the exact disposition of each charge.