Under South Carolina Code § 22-5-930, a first-offense simple drug-possession conviction can often be expunged three years after you complete the sentence — including probation — with no pending charges and no later convictions. Michael L. Brown, Jr. (Rock Hill) helps York County clients determine if they are eligible to file a petition.
Having a drug charge on your criminal record can negatively impact your life in many different ways. Even after you pay your fine and serve your sentence, you can face challenges related to your education and your career—and these challenges can have serious and long-term financial consequences. As a result, it is critical to fight your drug charge by all means available; and, if you are unable to avoid a conviction, you will want to make sure you file for expungement as soon as possible.
Drug possession charges are subject to special expungement rules in South Carolina—and simple drug possession charges are generally eligible for expungement after three years. If you have any South Carolina drug crime conviction on your criminal record, keep reading to learn what you need to know from experienced York County drug crime lawyer Michael L. Brown, Jr.
SC Expungement Basics: What Can Be Cleared and What Stays
South Carolina’s expungement laws are complicated. Some charges and convictions are eligible for expungement while others are not, and different eligibility criteria (including different timelines) apply to different types of offenses. With this in mind, the types of criminal records that are generally eligible for expungement in South Carolina include:
- Charges that do not result in a criminal conviction
- Charges resolved through pre-trial intervention
- Charges dismissed following successful completion of an Alcohol Education Program or Traffic Education Program
- First-offense misdemeanor convictions under South Carolina’s fraudulent check law
- First-offense convictions for crimes carrying penalties of not more than 30 days in jail and a $500 fine
- First-offense convictions for failure to stop when signaled by a law enforcement vehicle
- First-offense youthful offender convictions
- Convictions for juvenile offense (in qualifying cases)
- First-offense convictions for simple drug possession and possession with intent to distribute (in qualifying cases)
What types of criminal records aren’t eligible for expungement? Most felonies are ineligible, and other crimes are generally ineligible if they are not listed above. With that said, it is important to ensure that you are making informed decisions based on the specific circumstances of your case—and you should consult with an experienced lawyer if you have questions about seeking to have your record cleared.
First-Offense Simple Possession: The Three-Year Rule Under § 22-5-930
Expungement of criminal records involving convictions for simple drug possession is governed by Section 22-5-930 of the South Carolina Code of Laws. Specifically, Section 22-5-930(A) states:
“Following a first offense conviction for either simple possession of a controlled substance . . . or unlawful possession of a prescription drug . . . , the defendant after three years from the date of the completion of the sentence, including probation and parole . . . may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant.”
In short, first-offense convictions for simple drug possession are eligible for expungement after three years in South Carolina. The three-year waiting period to file for expungement begins to run on the date that a defendant finishes serving his or her sentence.
First-offense convictions for possession with intent to distribute are also eligible for expungement in South Carolina. However, in these cases, the waiting period is 20 years–and you must not get any other drug or felony convictions during this time.
Drug Court Graduates: A Faster Path to a Clean Record
If you are currently facing a drug possession charge in South Carolina, you may be able to avoid the need to file for expungement by enrolling in Drug Court. If you enroll in Drug Court—and if you complete the program successfully—you will be able to file a petition to have your record cleared immediately.
Enrolling in Drug Court involves participating in an intensive drug treatment program, and you will be subject to supervision—similar to being on probation. But, this can be well worth it in the end, and most individuals who are eligible for Drug Court will generally want to enroll unless they have strong defenses that they can assert in court.
How to File for Expungement Through the York County Solicitor’s Office
If you have a drug possession charge on your record and you are eligible to file for expungement, you will want to hire an experienced lawyer to guide you through the process. The process is complicated, and navigating the process successfully will be critical for beginning to rebuild your life as soon as possible.
The steps involved in filing for expungement in York County include:
- Obtaining all necessary information from the appropriate Clerk of Court, Police Department, and other sources
- Preparing a proposed expungement order
- Submitting your proposed order to SLED so that it can confirm your eligibility
- Obtaining a signature from the Solicitor or Deputy Solicitor for the 16th Judicial Circuit
- Obtaining a signature from a Circuit Court Judge
- Filing the original signed expungement order in the Office of the Clerk of Court
- Obtaining certified copies of the order from the Office of the Clerk of Court
- Delivering or mailing certified copies to the appropriate state agencies
If you think you may be eligible to have your drug possession conviction in York County expunged, you should contact a law firm promptly. Our law firm provides free initial consultations, and York County drug crime lawyer Michael L. Brown, Jr. can help you make informed decisions about your next steps.
Request a Free Initial Consultation with York County Drug Crime Lawyer Michael L. Brown, Jr.
To learn more about seeking to have your drug possession conviction in York County expunged, contact us today. Call 803-328-8822 or get in touch with us online to request a free initial consultation with York County drug crime lawyer Michael L. Brown, Jr.