Legal Question in Criminal Law in South Carolina

Expungement

Can 2 charges be expunged if they stem from the same occurance? I have burglary 2nd and Grand Larceny. I have a Pardon for both. Why can I not expunge it. SC statue states that There can only be one 125$ charge even if you are applying for an expungement of 2 charges stemming from one occurance. Why is this????


Asked on 2/05/08, 5:20 pm

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

Re: Expungement

You cannot expunge Burglary and Grand Larceny. Those are General Session charges that are handled in Circuit Court, not Magistrate or Municipal Courts. See below:

� 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.

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Answered on 2/05/08, 6:12 pm


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