Full question:
Is it possible to have a DUI conviction from 1992 expunged?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: South Carolina
Answer:
Expungement of a DUI conviction from 1992 may be possible depending on specific circumstances. If the offense involved controlled substances, expungement can be sought under Section 44-53-450 (b) if the proceedings were dismissed and the person was discharged, provided the offense did not involve narcotic drugs classified in Schedule I or II. Additionally, if you successfully completed an alcohol education or traffic education course, you may be eligible for expungement.
The general process for expungement includes the following steps:
- Gather eligibility information from relevant records (Clerk of Court, Magistrate's Court, etc.).
- Prepare a proposed order acceptable to SC Court Administration.
- Submit the order to SLED for confirmation of eligibility.
- Obtain the signature of the Solicitor or Deputy Solicitor.
- Get approval and signature from a Circuit Court Judge.
- File the signed order with the Clerk of Court (note that a filing fee applies).
- Obtain certified copies of the order from the Clerk of Court.
- Deliver or mail certified copies to the appropriate agencies.
The Solicitor’s Office may assist with steps A through E and guide you through the remaining steps. To apply for expungement, you must obtain the appropriate blank expungement order form from the Solicitor's Office in the judicial circuit where the charge originated. An administrative fee of two hundred fifty dollars ($250.00) is required, along with a twenty-five dollar ($25.00) fee for SLED.
For more information on eligibility, refer to South Carolina statutes such as § 17-22-330 and § 17-22-530.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.