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Although CDV is a misdemeanor prosecutable in the municipal and magistrate courts of South Carolina, a CDV conviction can have very serious and lasting consequences. On the other hand, Criminal Domestic Violence of a High & Aggravated Nature, or CDVHAN, is a felony offense in South Carolina.
Can I Get a SC Domestic Violence Conviction Expunged? A conviction for domestic violence 3rd degree in SC can be expunged after five years, if there are no other convictions on your record.
The PTI program is a program that's run by the State for first time offenders of non-violent crimes. If you successfully complete PTI, your CDV charge will be dismissed and expunged (deleted) from your criminal record.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
In addition, South Carolina state law says that a person cannot have or buy a handgun if s/he: has been convicted of a ?crime of violence? in any state or territory, which includes: murder; manslaughter (except negligent manslaughter arising out of traffic accidents);
Most people do not realize that a misdemeanor conviction for a Criminal Domestic Violence in South Carolina makes it illegal to possess a firearm.
DV 2nd degree is a misdemeanor offense, but it is prosecuted in General Sessions Court and carries up to three years in prison and a fine of $2500 ? $5000 plus court costs if convicted.
As well as enforcing federal law, South Carolina law precludes anyone from possessing a handgun if that person is convicted of a crime of violence in this state or any other state or territory of the United States, is a fugitive from justice, is a habitual drunkard, is a drug addict, or is mentally incompetent.