Expunging Records Under the South Carolina Youthful Offender Act (YOA)
If you were convicted of a non-violent felony before your 25th birthday under the South Carolina Youthful Offender Act, you can completely expunge the conviction from your record. You must maintain a clean criminal record for five years after completing your entire sentence.
A serious mistake made in your youth shouldn't dictate your career prospects for the rest of your life. South Carolina lawmakers recognize that young brains are still developing, which is why the state offers one of the most powerful expungement tools available: the Youthful Offender Act (YOA). Unlike standard expungements that only cover minor misdemeanors, the YOA allows young adults to erase certain serious felony convictions entirely.
Navigating the complex criteria for a YOA expungement requires precision, as submitting the wrong forms or filing too early will result in a denial and lost filing fees. You can use our directory to find a local defense attorney who can verify your eligibility and file the paperwork flawlessly on your behalf.
Step-by-Step Process in South Carolina
Whether your conviction happened in Spartanburg, Rock Hill, or Aiken, the rules governing youthful offenders are dictated by S.C. Code Ann. § 22-5-920. This specific statute sets strict guidelines on what can and cannot be erased.
Step 1: Checking Qualifying YOA Convictions
First, verify that you were sentenced specifically under the Youthful Offender Act. The judge must have explicitly invoked the YOA at your sentencing. To qualify for expungement, the crime must be a first-offense, non-violent crime. Serious violent crimes (like armed robbery), traffic offenses, and Class A, B, or C felonies are strictly excluded from expungement eligibility, regardless of your age at the time of the offense.
Step 2: The Mandatory Five-Year Waiting Period
You cannot simply wait five years from the date you were arrested. Under the statute, you must wait exactly five years from the date you completely finished your sentence, including all parole, probation, and the payment of any restitution. During this entire five-year period, you must maintain a perfectly clean record. Any new criminal conviction (other than a minor traffic ticket) will permanently disqualify you from a YOA expungement. The South Carolina Supreme Court affirmed strict adherence to sentencing and expungement structures in precedents like Gay v. Ariail, 381 S.C. 341 (SC Supreme Court 2009).
Step 3: Stacking Multiple Offenses
Often, young offenders are charged with multiple crimes stemming from one single incident (e.g., possession of drugs and possession of drug paraphernalia at a single traffic stop). South Carolina allows these closely connected offenses to be lumped together and treated as a single conviction for the purpose of a YOA expungement, provided they were disposed of in court on the same day.
Step 4: Filing with SLED and the Court
Once your wait is over, you must submit Form SCCA 223, South Carolina, Circuit Court, Application for Expungement to the Solicitor's Office in the county where you were convicted. They will forward it to the South Carolina Law Enforcement Division, Columbia for a background check. Finally, a judge at a court, such as the Richland County Court of General Sessions, Columbia, will sign the final order, legally destroying the arrest records.
How Much Does it Cost in South Carolina?
Under S.C. Code Ann. § 17-22-940(A), filing for a YOA expungement involves paying three separate statutory fees totaling $310 to government agencies.
- SLED Background Check Fee: You must pay $25 to the State Law Enforcement Division to verify your five years of good behavior.
- Solicitor's Administrative Fee: A mandatory, non-refundable $250 fee is paid to the local Circuit Solicitor's office to process your application.
- Clerk of Court Filing Fee: The final fee is $35 paid to the county clerk to file the signed judge's order.
- Attorney Fees: Lawyers typically charge a flat fee between $1,000 and $2,000 to manage the entire YOA expungement process from start to finish.
How Long Does the Process Take?
Because the paperwork must travel between the local Solicitor, the state SLED agency, and the local General Sessions judge, the administrative timeline is lengthy. From the day you submit your application, it generally takes 3 to 6 months for the final expungement order to be signed and for your background check to officially reflect a clean record.
Frequently Asked Questions (FAQ)
What does it mean to have a 'clean record' during the waiting period?
A clean record means absolutely no criminal convictions during the five years after completing your YOA sentence. Minor speeding tickets generally do not count against you, but misdemeanors and DUIs will destroy your eligibility.
Do I have to disclose an expunged YOA conviction on a job application?
No. Once the judge signs the expungement order, you are legally permitted to state that you have never been arrested or convicted of that crime on private employment applications.
Can a Class C felony be expunged under the YOA?
No. South Carolina law explicitly forbids the expungement of Class A, Class B, and Class C felonies, as well as crimes defined as violent, even if you were sentenced under the Youthful Offender Act.
What happens if my expungement is denied by SLED?
If SLED determines you are ineligible (often due to a hidden conviction in another state), your application will be rejected, and unfortunately, the mandatory $250 administrative fee paid to the Solicitor's Office is non-refundable by law.
Can out-of-state convictions disqualify me from a YOA expungement in SC?
Yes. The five-year period of good behavior applies nationwide. If you commit a crime in another state during your waiting period, SLED will find it, and you will be disqualified in South Carolina.
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