William G. Yarborough

Are you eligible for an expungement in South Carolina?

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Having a criminal record can haunt you, and it can potentially impact numerous areas of your life. Your criminal record can, for example, potentially prevent you from securing certain jobs, and it may, too, present barriers with regard to where you can live, among other repercussions. You may, however, depending on circumstances, be able to pursue what is known as a criminal record expungement.

Just what is a criminal record expungement, and how can you tell if you are eligible for one?

Understanding the expungement process

An expungement, in its simplest terms, involves essentially erasing your criminal or arrest record so that it no longer works against you. South Carolina allows certain criminal offenders who meet specific criteria to pursue expungements, and there are typically fees involved in seeking them. So, how do you know if your crime and situation make you eligible for expungement?

Understanding expungement eligibility

Currently, there are several situations and circumstances under which you may qualify for an expungement. If your criminal charge ultimately resulted in a dismissal or non-conviction, you may be able to move forward in your pursuit of an expungement. You may, too, find that you qualify for criminal record expungement if you successfully completed a pretrial intervention program, which was the only time you sought an expungement for this reason.

Similarly, you may be able to move forward with expungement if you successfully completed a traffic education or alcohol education program. Again, you can only seek an expungement due to these reasons once in a lifetime. If your crime was a first-time drug offense involving simple possession of drugs or certain substances, you may also be able to move forward with your pursuit of expungement, but again, this can only occur once within your lifetime.

While these are some of the circumstances under which you may be eligible for a South Carolina expungement, please note that this is not a comprehensive list of all ways you could potentially qualify.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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