William G. Yarborough

What you need to know about South Carolina record expungement

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If you have a criminal record, it can be difficult to live a normal lifestyle. Applying for jobs and completing background checks are troublesome and can hinder you from doing what you want. Fortunately, South Carolina courts may be able to offer some relief.

Depending on your crime and your history, you may be able to have your record expunged. Expungement occurs when a court order removes an arrest or offense from your criminal record, which means that future employers or individuals who run background checks will not be able to see the offense that you had expunged.

You may be eligible for expungement if…

The South Carolina courts lay out a detailed explanation of eligibility here, as there are fairly specific regulations. However, the following list gives a good overview about which crimes and offenses you can have expunged.

  • A judge never found you guilty
  • You completed an alcohol or traffic education program
  • First offense of simple drug possession
  • First offense misdemeanor for fraudulent checks
  • First offense for failure to stop for law enforcement
  • First offense conviction of a crime with a penalty of no more than 30 days prison time or a fine of $500
  • First offense when you were between 17 and 24 years old
  • Juvenile offense

You are not eligible for expungement if…

  • A judge convicted you of a felony
  • A judge convicted you for a DUI
  • You have had your record expunged in the past
  • You did not complete alcohol or traffic education program

Getting your record expunged can be life-changing, which is why it is beneficial to know if you are eligible to apply or not.

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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