South Carolina Expungement Objection Transmittal (Magistrate/Municipal Court) is a formal document used by individuals seeking to have their criminal records expunged (destroyed) in the state of South Carolina. The document is sent to the magistrate or municipal court where the conviction occurred, and it provides an opportunity for the individual to object to their record being expunged. This document is used to provide notice to the court of the individual’s intent to expunge their criminal record and to provide the court with any information the individual would like to be considered. There are two types of South Carolina Expungement Objection Transmittal (Magistrate/Municipal Court): 1. Magistrate/Municipal Court Expungement Objection Transmittal: This document is used by individuals seeking to have their criminal records expunged in magistrate or municipal court. The document provides the court with notice of the individual’s intent to expunge their record and provides the court with any information the individual would like to be considered. 2. Magistrate/Municipal Court Expungement Objection Transmittal for Probation: This document is used by individuals seeking to have their criminal records expunged while on probation. The document provides the court with notice of the individual’s intent to expunge their record and provides the court with any information the individual would like to be considered, such as the duration of probation and any other conditions related to the probation.
South Carolina Expungement Objection Transmittal (Magistrate/Municipal Court)
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FAQ
The prosecution's or law enforcement agency's reason for objecting must be that the accused person has other charges pending or the charges are not eligible for expungement. The prosecution or law enforcement agency shall notify the accused person of the objection.
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.
S.C. Code Ann. §17-22-710 authorizes the Solicitor to operate a Worthless Check Program.
Applications for expungement; administration. (13) any other statutory authorization.
No person may have the person's records expunged pursuant to this section if the person has had a conditional discharge within the five years prior to the date of arrest for the charge sought to be expunged if the charge sought to be expunged is simple possession of marijuana, or within the ten years prior to the date
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.
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.
Code § 17-22-940(B), any person who applies to the solicitor's office for an expungement of general sessions charges pursuant to Section 17-1-40 is exempt from paying the administrative fee unless the charge that is the subject of the expungement request was dismissed, discharged, or nolle prossed as part of a plea