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South Carolina Order to Vacate the Conviction and Expunge the Record

State:
South Carolina
Control #:
SC-SKU-1381
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PDF
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Order to Vacate the Conviction and Expunge the Record
South Carolina Order to Vacate the Conviction and Expunge the Record is a legal document that allows a person to have their criminal conviction vacated and record expunged. This document is issued by a court in South Carolina and is used to clear a person’s criminal record, allowing them to move forward with their life without the burden of a criminal conviction on their record. There are two types of South Carolina Order to Vacate the Conviction and Expunge the Record: Full Expungement and Limited Expungement. Full Expungement is when the court orders the complete removal of a criminal conviction from a person’s record. This means that the conviction is completely removed from all public records, including court documents, police records, and any other databases. Limited Expungement is when the court orders the partial removal of a criminal conviction from a person’s record. This means that the conviction is still visible on some public records, such as court documents, but is not visible on other public records, such as police records. In both cases, the South Carolina Order to Vacate the Conviction and Expunge the Record must be filed with the court, and the person must meet certain requirements in order for the order to be issued. The requirements vary depending on the type of conviction and the person’s criminal history. Once the Order is issued, it must be submitted to the appropriate agencies in order for the conviction to be vacated and record expunged.

South Carolina Order to Vacate the Conviction and Expunge the Record is a legal document that allows a person to have their criminal conviction vacated and record expunged. This document is issued by a court in South Carolina and is used to clear a person’s criminal record, allowing them to move forward with their life without the burden of a criminal conviction on their record. There are two types of South Carolina Order to Vacate the Conviction and Expunge the Record: Full Expungement and Limited Expungement. Full Expungement is when the court orders the complete removal of a criminal conviction from a person’s record. This means that the conviction is completely removed from all public records, including court documents, police records, and any other databases. Limited Expungement is when the court orders the partial removal of a criminal conviction from a person’s record. This means that the conviction is still visible on some public records, such as court documents, but is not visible on other public records, such as police records. In both cases, the South Carolina Order to Vacate the Conviction and Expunge the Record must be filed with the court, and the person must meet certain requirements in order for the order to be issued. The requirements vary depending on the type of conviction and the person’s criminal history. Once the Order is issued, it must be submitted to the appropriate agencies in order for the conviction to be vacated and record expunged.

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FAQ

There are three types of records that can be expunged under this law: A charge that was discharged or nolle prossed (not prosecuted). A charge that was dismissed. A charge where the person was found not guilty.

Pursuant to the South Carolina Code of Laws, a criminal record may only be expunged through an application to the court, which must be signed by a judge. An individual should contact the solicitor's office in the area where the charge originated to seek assistance and obtain an application, which does require a fee.

The defendant is currently 18 or older. The defendant completed any sentence and has no additional conviction after the juvenile offense. The defendant has no prior conviction for an offense that would carry a maximum sentence of 5 years imprisonment or more if committed by an adult.

The defendant is currently 18 or older. The defendant completed any sentence and has no additional conviction after the juvenile offense. The defendant has no prior conviction for an offense that would carry a maximum sentence of 5 years imprisonment or more if committed by an adult.

Pardons will also restore any civil rights loss through criminal conviction. Another very important difference between a pardon and an expungement is that a pardon could be issued for ANY crime. Expungements are more limited; not all crimes can be expunged.

How long does the expungement process take? The process may take up to six (6) months from the date the Expungement Office receives the completed Expungement Application.

In South Carolina, only certain kinds of charges or convictions can be expunged. Typically, only minor offenses can be expunged. DUIs cannot be expunged. Crimes where you registered for the SC Sex Offenders Registry cannot be expunged.

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Petitioner's records related to the arrest, plea, trial, and conviction for a marijuana-related offense in Count(s). Kris Carrasco is a Washington and Oregon lawyer who can vacate or expunge your criminal record at an affordable price.Expunging a Record: Expunging a record means the arrest information will be physically destroyed. Instead, you'll have to use a process called vacating. Vacating your conviction. Expungement is when the court seals a criminal record. An expunged record is not publicly accessible and would require a court order to reopen the record. The process of vacating criminal records is quite different from expungement. Court has discretion to order sealing or expungement of non-conviction records of first offenders, with certain exceptions. Destroying court records, vacating convictions, and deleting criminal history records.

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South Carolina Order to Vacate the Conviction and Expunge the Record