Please, can anyone answer this?

[crowsher]

**I apologize for posting this again but I'm job searching right now and need to know this information for that purpose.

My state is South Carolina. In my early 20s, I pled guilty to writing bad checks. I was ordered to pay court costs and restitution. I was told by the detective that this was fraud and a felony but could have it exponged from my record by seeing an attorney and filing some forms or something. I ran a criminal record check on myself recently but nothing came up on the report, it said they couldn't find any criminal records. My company ran a check about 7 or 8 years ago when I was changing departments and it did show this. My question is...would it be removed from my criminal record after a certain number of years (this happened in the mid-90s) or is the company I used for the criminal record check just not using the correct database or something? If this is still on my record, is it true that I can see a lawyer and have it exponged? Thanks for any information.

 

[TYRIS]

**I apologize for posting this again but I'm job searching right now and need to know this information for that purpose.

My state is South Carolina. In my early 20s, I pled guilty to writing bad checks. I was ordered to pay court costs and restitution. I was told by the detective that this was fraud and a felony but could have it exponged from my record by seeing an attorney and filing some forms or something. I ran a criminal record check on myself recently but nothing came up on the report, it said they couldn't find any criminal records. My company ran a check about 7 or 8 years ago when I was changing departments and it did show this. My question is...would it be removed from my criminal record after a certain number of years (this happened in the mid-90s) or is the company I used for the criminal record check just not using the correct database or something? If this is still on my record, is it true that I can see a lawyer and have it exponged? Thanks for any information.

-The conviction will stay on your record until it is expunged. If you want a more accurate check of your criminal history contact the courthouse where you were convicted. The county clerk can also advise you on the paperwork on expunging your record but I would suggest hiring an attorney to do it.


Tyris

 

[JETX]

is it true that I can see a lawyer and have it exponged?

I assume you mean 'expunged'.

By South Carolina law, there are seven categories of cases in which the defendant is entitled to have all records relating to an arrest or conviction expunged and destroyed:
1) The charge was dismissed, not processed, or the defendant was found not guilty. (Section 17-1-40).
2) The defendant successfully completed the Pre-Trial Intervention Program (Section 17-22-150).
3) The defendant was convicted under the Fraudulent Check Law and no additional criminal activity has taken place in one year from the date of conviction. [Section 34-11-90 (e)].
4) The defendant was convicted of first offense Simple Possession of Marijuana under the “conditional discharge” provisions of this specific law and has successfully complied with the terms of that sentence. [Section 44-53-450 (b)].
5) The defendant was convicted of a first offense in a magistrate’s or municipal court for offenses other than:
A. an offense involving the operation of a motor vehicle,
B. a fish, game or watercraft violation under Title 50 of the Code of Laws for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized,
C. any offenses under Chapter 25 of Title 16 (Criminal Domestic Violence Offenses) may not be expunged, and no additional criminal activity has taken place within three years from the date of conviction. (Section 22-5-910).
6) The defendant was convicted of a first offense, non-aggravated violation for Failure to Stop for a Blue Light and Siren, and had no other convictions for any crime for three years following the completion of all terms and conditions of the Blue Light sentence. (Section 56-5-750).
7) Following the first offense conviction as a youthful offender, the defendant after fifteen years from the date of the conviction 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. Motor vehicle, fish, game, and watercraft, and domestic violence offenses are not eligible. (Section 22-5-920).
The citations in paragraph marks refer to state law sections. The full text can be found at: http://www.scstatehouse.net/code/statmast.htm

As for HOW to expunge:
The process for the expungement of a criminal charge is as follows:
A. Obtain the necessary information for eligibility from the records of the Clerk of Court, Magistrate’s Court, Municipal Court, NCIC, Sheriff’s Department, Police Department, and/or other sources.
B. Prepare and type a proposed Order, acceptable to SC Court Administration.
C. Submit proposed order to SLED to confirm that the criminal charge is statutorily appropriate for expungement.
D. Obtain the signature of the Solicitor/Deputy Solicitor.
E. Obtain the approval and signature of a Circuit Court Judge.
F. File the original signed Order in the Office of the Clerk of Court (The law provides for a $35.00 filing fee to be paid to the clerk at the time of filing, except category #1.)
G. Obtain certified copies of the Order from the Clerk of Court.
H. Deliver or mail certified copies of the Order to appropriate agencies.

 

[crowsher]

Thanks

Yes, I meant expunged. Need spell checker!

Thanks for the information, it was very helpful.

One more question, do you think it would be better to see an attorney to have this done or is it easy enough to do on my own?

 

[JETX]

do you think it would be better to see an attorney to have this done or is it easy enough to do on my own?

Depends. What legal 'skills' do you have??