Legal Question in Criminal Law in South Carolina

Dismissal of CDV

my husband has a cdv in Spartanburg SC from 1996 and one in Hilton Head SC 2000. We assumed these were little misdemeanors that would go away with time, like a traffic ticket. We were told by ''everyone'' that it is easiest to plead guilty and go on with life. Ten years later we are stuck because we cannot be approved for adoption. Only one can be expunged because they are too close together by 5 months. The other has to be dismissed and I do not know from what angle to address this. A pardon takes up to 6 months and the little child is special needs and can't wait that long so that is out of the question. This is the biggest mistake I ever made was to call 911. There is no end to the punishment that goes with this little ''parking ticket'' crime. We were arguing and fighting, yes, but once the police show up, there is no other charge they can bestow upon people who know each other. No one was hurt, I was just mad as a hornet and drunk, and likely losing the battle of the witless. Does anyone know of any way out of this and how do dismissals work after so long?


Asked on 6/24/09, 11:50 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Dismissal of CDV

I'm very sorry, but they cannot dismiss a criminal charge that someone plead guilty to. Once a person pleads guilty, then the case is over and there is nothing to dismiss. Only a pending charge can be dismissed.

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Answered on 6/25/09, 12:03 am


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