Pre-Trial Intervention (PTI) and Record Sealing in South Carolina

Being arrested for a first-time offense in South Carolina can feel like the end of the world, but the state offers a powerful second chance. The Pre-Trial Intervention (PTI) program allows eligible first-time offenders to complete community service, counseling, and drug testing in exchange for having their criminal charges completely dismissed. However, simply graduating from the program does not mean your arrest vanishes from public view.

Many residents in Columbia, Charleston, and Greenville mistakenly believe that a dismissed charge automatically disappears from their criminal background. In reality, the arrest record, mugshot, and fingerprints will remain visible to employers unless a formal Order for Expungement is signed by a judge and processed by the state. Navigating this record-sealing process requires strict attention to detail and an understanding of how local solicitors and state agencies communicate.

This guide explains the step-by-step process of securing an expungement after completing PTI, the difference between automatic and manual filings, and how long it takes to truly clear your name.

Step-by-Step Process for PTI Expungements in South Carolina

Once you successfully finish your PTI requirements, you must actively ensure your record is sealed. Follow these steps to complete the expungement process.

Step 1: Obtain Your PTI Completion Letter

Upon finishing your required hours and tests, the PTI director will issue a formal completion letter. Do not lose this document. It serves as your official proof that the requirements under S.C. Code Ann. § 17-22-150 have been satisfied and that the prosecutor has dismissed your underlying charge.

Step 2: Determine if Manual Application is Required

Check with your specific judicial circuit. In some counties, the solicitor's office will initiate the expungement process on your behalf immediately upon graduation. In others, you must proactively apply through the solicitor's expungement clerk and submit the necessary paperwork.

Step 3: Pay the Required Filing Fees

If your expungement is not fully automated or fee-waived by a specific statute, you must pay two separate fees via money order totaling $285: $250 to the solicitor's office and $35 to the Clerk of Court (the $25 SLED verification fee is statutorily waived for PTI completions under S.C. Code Ann. § 17-22-940(E)(1)). You will submit these to your local office, such as the Richland County Solicitor's Office, Columbia or the Greenville County Solicitor's Office, Greenville.

Step 4: A Judge Signs the Order

The solicitor will prepare a Form SCCA 223, South Carolina, Judicial Department, Order for Expungement and forward it to a Circuit Court judge. Once the judge signs the order, it becomes a legally binding directive to destroy your records.

Step 5: SLED Processes the Expungement

The signed order is sent to the South Carolina Law Enforcement Division, Columbia. SLED will remove the arrest from the state database and forward the order to local police departments to ensure all physical records are destroyed.

Automatic vs. Manual Expungement

In recent years, South Carolina has attempted to streamline record sealing for dismissed charges. Under S.C. Code Ann. § 17-1-40, if a charge is dismissed, the state is generally required to automatically expunge the record without forcing the defendant to pay the $250 solicitor fee. However, PTI is a specialized diversion program. Depending on the exact nature of your plea agreement and the county's administrative setup, you may still be required to manually apply and pay the administrative fees to initiate the PTI-specific expungement. Always consult with a local attorney to confirm whether your county handles PTI dismissals automatically or manually.

The Destruction of Fingerprints and Mugshots

The most important aspect of an expungement is the physical destruction of your booking data. When a judge signs your expungement order, it specifically commands the local arresting agency (e.g., a local sheriff's department or city police) to destroy or seal your mugshot and fingerprint cards. Under South Carolina law, these agencies are legally prohibited from maintaining shadow files or making your mugshot available on public detention center websites once the order is finalized. The legal protections outlined in State v. Joseph, 328 S.C. 352 (SC Court of Appeals 1997) reinforce the state's duty to fully comply with expungement directives to protect citizens from ongoing stigma.

SLED Catch Processing Times

The South Carolina Law Enforcement Division (SLED) operates the CATCH (Citizens Access to Criminal Histories) system. Once your expungement order arrives at SLED in Columbia, they must manually update your file. Due to the high volume of applications from across the state, this step alone can take anywhere from 4 to 8 weeks. Until SLED updates their system, a background check run by an employer in South Carolina will still show your original arrest.

Out-of-State Background Check Lags

Even after SLED clears your name in South Carolina, they must notify the FBI's National Crime Information Center (NCIC). Furthermore, commercial background check companies (which frequently scrape public county records) do not update their private databases instantly. It is highly recommended that you keep a certified copy of your signed expungement order indefinitely. If an out-of-state employer or a private background check company incorrectly flags your old arrest, you can present the certified order to demand an immediate correction under federal credit reporting laws.

How Much Does it Cost in South Carolina?

If you are required to manually file for a PTI expungement, the standard costs are firmly set by state statute:

• Solicitor's Administrative Fee: A mandatory $250 non-refundable fee.
• Clerk of Court Fee: A $35 filing fee.
• SLED Verification Fee: $0 (exempt under S.C. Code Ann. § 17-22-940(E)(1) for PTI completions).
• Attorney Fees: If you hire a private lawyer to manage the paperwork and expedite communications with the solicitor, expect to pay between $500 and $1,200 in legal fees.

How Long Does the Process Take?

The entire timeline, from the day you graduate PTI to the day your record is completely invisible on a SLED check, generally takes 3 to 6 months. Delays often occur if money orders are filled out incorrectly or if the Circuit Court judge has a massive backlog of administrative orders to sign.

Frequently Asked Questions (FAQ)