Motion And Order For Expungement Of Juvenile Records (Page 3 of 3) in pdf

Motion And Order For Expungement Of Juvenile Records Page 3

Expungement Application Process

(1) The applicant will apply to the solicitor in the circuit in which the offense(s) was committed.

(2) The applicant must pay the following amounts to the solicitor in the form of separate certified checks or money

orders:

(a) a non-refundable administrative fee of $250.00 made payable to the solicitor,

(b) a non-refundable SLED verification fee of $25.00 made payable to SLED, when applicable,

(3) The solicitor will send the application to the Department of Juvenile Justice (DJJ) and DJJ will return the application

to the solicitor, either granting or denying approval.

(4) If the application is approved by DJJ, the solicitor will send the application to SLED in order to verify that the

offense is eligible for expungement, as provided by the South Carolina Code of Laws.

(5) SLED will return the application to the solicitor and indicate if the offense(s) is eligible for expungement.

(6) If the offense is deemed eligible by SLED, the solicitor will obtain all necessary signatures, including the signature

of the family court judge.

(7) Once the order is signed by the family court judge, the solicitor will file the order with the clerk of court.

(8) The solicitor will provide copies of the expungement order to all pertinent governmental agencies as well as the

applicant or the applicant’s attorney.

(9) A prosecution or law enforcement agency may file an objection to the expungement. If an objection is filed, the

expungement must be heard by the court. The prosecution or law enforcement agency's reason for objecting must be

that the person has other charges pending or the charges are not eligible for expungement. The prosecution or law

enforcement agency shall notify the person of the objection. The notice must be given in writing at the most current

address on file with the court, or through the person's counsel of record.

EXPUNGEMENT ORDERS SHOULD NOT BE FORWARDED TO S.C. COURT ADMINISTRATION (SCCA). For

family court convictions/dispositions disposition data (including expungements) is sent to SCCA electronically, and

expungements are automatically entered into SCCA records.

SCCA 492 (7/2015)

Motion And Order For Expungement Of Juvenile Records Page 3