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searching9985

Junior Member
What is the name of your state (only U.S. law)? South Carolina

Hi in 2008 I plead guilty (I was guilty) to altering a controlled substance prescription. I was told by my ct appointed attorney and the solicitor that if I plead guilty (yes I was guilty) that it would be reduced to a misdemeanor. A few weeks after ct I saw it was NOT reduced. I called the solistoe and he said all I could do is wait three yrs and apply for an expungement. But from what I'm reading now a drug felony can NOT be exspunged in SC?

Any advise would be much appreciated!
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? South Carolina

Hi in 2008 I plead guilty (I was guilty) to altering a controlled substance prescription. I was told by my ct appointed attorney and the solicitor that if I plead guilty (yes I was guilty) that it would be reduced to a misdemeanor. A few weeks after ct I saw it was NOT reduced. I called the solistoe and he said all I could do is wait three yrs and apply for an expungement. But from what I'm reading now a drug felony can NOT be exspunged in SC?

Any advise would be much appreciated!
Answer truthfully on your applications for work. In life we all have to deal with the collateral damage of our decisions.
 

searching9985

Junior Member
Answer truthfully on your applications for work. In life we all have to deal with the collateral damage of our decisions.
So is my understanding correct? Can it be "set aside"? Yea I dug this whole and it's quite deep! I waited till I raised two children and thought I had passed grownup school to do something so stupid. Who said "ignorance is bliss"?
 

ERAUPIKE

Senior Member
Can a felony drug conviction be exsponged in South Carolina?
By State 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) Section 17-1-40. The charge was dismissed, nol prossed, or the defendant was found not guilty.

2) The defendant successfully completed the Pre-Trial Intervention Program under Section 17-22-150, successfully completes an alcohol education program under 17-22-530, or successfully successfully completes a traffic education program under 17-22-330.

3) Section 34-11-90 (e). 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.

4) Section 44-53-450 (b). Upon the dismissal of the person and discharge of the proceedings against him pursuant to subsection (a), and if the offense did not involve a controlled substance classified in Schedule I which is a narcotic drug and Schedule II which is a narcotic drug.

5) Section 22-5-910. Following a first offense conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of five hundred dollars, or both, the defendant after three 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.
 

jaybird32

Junior Member
I took a 3 yr plea for trafficking....In the state of Florida and I think across the board if you take a plea offer or plea guilty and are charged...It cannot be expunged.
 

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