This is one of the most frequently asked questions we get here at our law firm, “how can my ticket or record be expunged.” An expungement occurs when a person’s charges have been legally wiped clean or eliminated from record. The law on expungements can be complicated but here are the basics:
In the State of South Carolina, the only way to have a charge expunged from your record is to be found not guilty of the charge. Essentially, in order to have a DUI/DUS/ DWI or DUAC or a traffic ticket expunged from your record you must, in most cases, be found innocent of the charge of DUI/ DUS /DWI or DUAC or the traffic ticket. If you are found not guilty of one of these crimes then expungement can be done. It is can be very technical so here is the law:
South Carolina Code of Laws Section 17-1-40 (A) says and I quote:
“Destruction of records where charges dismissed; fee. (A) A person who after being charged with a criminal offense and the charge is discharged, proceedings against the person are dismissed, or the person is found to be innocent of the charge, the arrest and booking record, files, mug shots, and fingerprints of the person must be destroyed and no evidence of the record pertaining to the charge may be retained by any municipal, county, or state law enforcement agency.
Expungements may be obtained through the Pre-Trial Intervention Program (PTI) which is available only to first time offenders of minor charges or by “conditional discharge” also available to first time offenders of minor charges. A conditional discharge simply says that you agree not to get into any more trouble or have any more charges for a period of time. If you are not rearrested in that time period, your charges are dismissed. Unfortunately, expungements are not given in DUI/ DUS/ DWI and DUAC cases. So these cases cannot be expunged other than by being dismissed.
Real Legal Defense for Expungements and other Traffic Tickets
In addition to cases to involving expungements, we have handled thousands of cases for other traffic tickets, including but not limited to:
- Driving Under Suspension (DUS)
- Driving Under The Influence (DUI)
- Driving Under Alcohol Concentration (DUAC)
- Driving Without A License
- Reckless driving
- Possession of Marijuana
- Public Intoxication (Public Drunk)
- No Proof of Insurance
- No Proof of Drivers License
- Failing to give a proper signal
- Failure to Stop
- Failure to Yield Right of Way
Call or Come By Our Offices
If you have questions regarding DUI / DUS/ DWI/DUAC charges and traffic violations, contact our law offices. We speak English, Spanish and Portuguese in the office and we have 4 law offices to serve you across the State of South Carolina.
It is important that you have a skilled and aggressive lawyer on your side to defend you. The lawyer you choose can make all of the difference in whether or not your speeding or other charge or traffic ticket becomes a conviction or just an unfortunate incident from the past. At The Woods Law Firm we have been defending people who have been charged with DUS and traffic tickets for nearly 15 years and we have handled cases in every county in the state. We have the knowledge and experience to handle your case with speed and efficiency. Let us handle your troubles so you can get back to your life. If you would like to speak with an attorney by phone, call us today toll-free for immediate help. At the Woods Law Firm, help is just a heartbeat away.
Call Us Toll-Free at (877) 728-1798 !
“The client is responsible for fines, fees and expenses in addition to the lawyer’s fee. In personal injury cases, the fee will be a percentage of the recovery and that percentage will be computed before deducting the expenses in the case.”
By Freddy Woods