Can a DUI be expunged in South Carolina?

The short answer for convictions

South Carolina lists the kinds of records that can be expunged in S.C. Code § 17-22-910. The list includes, among others, first-offense convictions in magistrate court under § 22-5-910, youthful offender convictions, certain first-offense drug possession convictions, first-offense failure to stop for a blue light, pretrial intervention, and records of charges that were dismissed or ended in a not-guilty verdict.

There is no provision on that list for a DUI or DUAC conviction. The general provision for minor convictions, § 22-5-910, also says plainly that it does not apply to an offense involving the operation of a motor vehicle.

So, under current law, a DUI conviction stays on your criminal record.

Why pretrial intervention is not a route

In some cases, completing pretrial intervention (PTI) leads to dismissal and an expungement. But § 17-22-50 says PTI is not available to a person charged with DUI or DUAC, unless the solicitor determines that the elements of the offense are not present.

When a DUI charge can be expunged

A DUI charge that does not end in a conviction is treated differently. Under § 17-22-950, if a charge brought in summary court (magistrate or municipal court) ends in a not-guilty verdict, a dismissal, or a nolle prosequi (the prosecutor dropping it):

• If you were fingerprinted, the court must issue an order to expunge the records, including any associated bench warrants, at no cost to you, without you having to apply.
• If you were not fingerprinted, you may apply to the summary court for the order, also at no cost.

There are exceptions. This does not apply if the charge was dismissed at a preliminary hearing, or if you have charges pending in General Sessions that arise from the same events.

Timing. The expungement must happen no sooner than the date the appeal period expires, and no later than 30 days after it. Under the same section, the charges must also be removed from internet-based public records within a set time after the order. Ask the court for a certified copy of the order; the law requires the court to give one to you or your attorney.

Charges in General Sessions. If a DUI charge in General Sessions (for example, a second offense) is dismissed or ends in a not-guilty verdict, the application goes through the solicitor's office, which administers expungements in each circuit. The standard administrative fee is $250 per order and is nonrefundable, but § 17-22-940 exempts applications for dismissed or not-guilty General Sessions charges, unless the charge was dismissed as part of a plea deal on other charges.

What "expunged" means, and what stays

When a dismissed or not-guilty charge is expunged, § 17-1-40 says the arrest and booking record, associated bench warrants, mug shots, and fingerprints must be destroyed, and no public agency may keep them as a public record. But:

• Law enforcement and prosecution agencies keep the records under seal for three years and 120 days, and may keep them longer for ongoing investigations, administrative hearings, or litigation.
• Jails keep booking records under seal for up to three years and 120 days.
• Sealed records are not public, and can only be disclosed by court order.

Your driving record is separate

Expungement deals with criminal records. A DUI conviction is also reported to the DMV, and if you live elsewhere, to your home state's licensing agency (see the out-of-state guide). An administrative suspension for a refusal or a 0.15 test is a DMV action, not a criminal charge. We could not confirm from official sources how a criminal expungement affects a DMV driving record, so ask the DMV or an attorney.

The ten-year lookback is not a clean slate

People often hear that a DUI "goes away after ten years." That number comes from the penalty statute: only offenses within ten years count as prior offenses when setting the penalty for a new DUI. See the penalties guide. It does not remove the conviction from your record.

What this means while your case is open

Because a conviction cannot be expunged, how the case ends matters for your record. That is a decision to make with a lawyer who knows your facts; the DUI lawyer guide explains how to find one, and the Eighth Circuit Public Defender represents people in Greenwood County who qualify. The law can also change: a proposal to allow DUI expungement would need a new act of the General Assembly, so check back or ask an attorney if you are reading this long after the review date.