Legal Question in Criminal Law in Nevada

Re: i need this felony expunged

I have never heard of a conviction that carries a prison term that can be expunged at all. Nor have I ever heard of 10 year waiting period for an expungment. Who told you this?

Re: i need this felony expunged

I received your voice mail message but accidently deleted it before you finished leaving your phone number. Below is the SC Law on Expungements. This should clear up any misunderstandings.

EXPUNGEMENT OF CRIMINAL RECORDS

SECTION 22‑5‑910. Expungement of criminal records.

(A) Following a first offense conviction in a magistrates court or a municipal court, 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. However, this section does not apply to:

(1) an offense involving the operation of a motor vehicle;

(2) a violation of Title 50 or the regulations promulgated pursuant to Title 50 for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses are authorized; or

(3) an offense contained in Chapter 25 of Title 16, except first offense criminal domestic violence as contained in Section 16‑25‑20, which may be expunged five years from the date of the conviction.

(B) If the defendant has had no other conviction during the three‑year period, or during the five‑year period as provided in subsection (A)(3), following the first offense conviction in a magistrates court or a municipal court, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992.

(C) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34‑11‑95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.

(D) As used in this section, �conviction� includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.