Charleston Expungement Attorney
Having a charge expunged from your record means having it erased from your record for all practical purposes, which can prove especially beneficial. The expungement process, however, is complex, and having skilled legal guidance in your corner can prove invaluable. Turn to an experienced Charleston criminal defense attorney for the help you’re looking for.
Expungement Defined
Expungement refers to a court order that is also called an Order for Destruction of Arrest Records and is reserved for minor, first-time offenses. In South Carolina, a major charge can’t be expunged. In fact, expungement is only applicable under highly specific circumstances that include:
- A charge that doesn’t lead to conviction, such as one that ends with a verdict of not guilty, one that is dismissed by a judge, or one that the state doesn’t pursue
- A charge that leads to a successful pretrial intervention, which refers to successfully completing a pretrial intervention program that is designed to allow some nonviolent, first-time offenders to bypass trial and, instead, receive supervised rehabilitative services – often requiring community service hours, drug tests, and beyond
- Charges that the state dismisses after those accused successfully complete the required Alcohol Education Program or Traffic Education Program
- A first offense for simple possession of marijuana – and certain other illicit drugs – after receiving a conditional discharge, such as treatment or rehab, and successfully completing all imposed sentencing requirements
- A conviction for a first offense that carries no more than 30 days in jail and no more than $500 in fines – when the accused has no additional convictions for three years or for five years in relation to a first-offense criminal domestic violence conviction
It’s important to note that motor vehicle violations, traffic offenses, and offenses related to wildlife and game can’t be expunged.
Determining Expungement Eligibility
Determining if the charge on your record is eligible for expungement can be challenging. Every case is unique to the circumstances involved, and a range of factors go into the determination process. The guidelines vary according to a wide range of factors that include the outcome of your case, the court in which it was heard, and the offense in question. The database you’re attempting to have the charge expunged from can also play a role. In other words, it’s a complicated legal matter, and working closely with a trusted criminal defense attorney can make a significant difference in your ability to obtain an expungement.
Discuss Your Unique Situation with an Experienced Charleston Criminal Defense Attorney Today
Robert Wyndham at Wyndham Law in Charleston is a seasoned criminal defense attorney who has a wealth of experience helping clients like you procure expungements that open doors for them that could otherwise be closed. Mr. Wyndham appreciates how important having a charge or conviction expunged can be, and he is both well-prepared and well-positioned to help you get the job done. Your future is important, so please don’t wait to contact or call us at 843-279-5312 for more information about what we can do for you in relation to an expungement today.