Legal Question in Traffic Law in South Carolina

That is an interesting question. I have answered many questions about expungements and never once did anyone ask about a driving record. Before typing out an answer here, I went back and read the law on expungements in South Carolina.

Expungements is covered in Section 22-5-910 of the South Carolina Code. No where in that section does it say anything about driving records. There are only two references to "records." The first reference is in the title of the law itself, which reads, "Expungement of Criminal Records." As you can see the title only refers to criminal records and does not say anything about a person's driving record.

Then further down in the section, it says, "....the circuit court may issue an order expunging the records." Here is only refers to "the records" and is not specific about which records.

I hate to tell you this, but my guess is that the expungements section of the law does not apply to a person's driving record. However, without actually calling one of the government agencies I cannot say for sure.

To get to the bottom of this, you can always hire a lawyer to look into this for you. But if you would like to do this yourself, then I have three suggestions for you to find out what you can do, if anything.

One, you can call the Solicitor's office in the county where the conviction was. The county solicitor's office processes the expungements in South Carolina. Two, you can try calling DMV. And three, you can try calling SLED (State Law Enforcement Division) as they are the ones that maintain criminal records.

I wish you the best and hope that you can get this removed from your driver's record. It doesn't seem fair that it is on there.

Good luck.

Robert Johnston Attorney

Location: Myrtle Beach (Horry County)

Email: [email protected]

Phone: 843-828-1137

Web Site: RobertJohnstonLaw.com

Areas of Practice: Crimina Defense & Personal Injury