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DUI Expungement in South Carolina

In South Carolina, a DUI expungement or expunction is the process when records of the criminal arrest will be destroyed. A person who is charged with a DUI can have the charge expunged if the DUI charge is discharged, if the charges are dismissed or the person is found to be not guilty of a DUI. For a DUI expungement, most people must be found innocent of a DUI. If a person is found guilty, they must then file the paperwork and a motion of expunction. If a DUI is expunged from the person’s record, the persons’ arrest, booking records, files, mug shots and fingerprints must be destroyed.  No evidence pertaining to the DUI may be obtained by any municipal, county or state law enforcement agency after the expungement.

The person applying to expunge the criminal record must obtain the appropriate blank expungement order form from the office in the judicial circuit where the charge originated. The completion and returning of the form must be brought to the office where the charge came from. The applicant applying for an expungement is responsible for payment to the office to get their DUI expunged. The fee is $250 per order. The fee is nonrefundable regardless if the offense if later determined to be ineligible for expungement. Each judicial office implements their own policies and procedures to ensure that the expungement process is properly conducted.

A minor can be charged with operating a vehicle with a certain amount of alcohol concentration A minor can seek to have the charge expunged. The minor must:

-          be at least 18 to file for an expungement

-          does not have a prior conviction of a crime with a term of imprisonment of five years or more

-          has successfully completed all terms of the imposed sentence

-          has not been subsequently charged with any criminal offense

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