Having a criminal record can have long-lasting effects on various aspects of your life, from employment opportunities to housing options. 

In South Carolina, individuals with a past conviction for unlawful weapons carry may be eligible to have their record expunged, per the SC Code of Laws, offering a fresh start. Expungement can remove this conviction from your criminal history, giving you the chance to move forward without the burden of a past mistake.

This article will guide you through the process of expunging an unlawful weapons carry conviction in South Carolina, covering eligibility, the legal process, and the benefits of a clean slate.

Understanding Expungement in South Carolina

Expungement is a legal process that removes certain criminal records from public view. Once a record is expunged, it is as if the conviction never occurred. This means that it won’t appear on background checks conducted by potential employers, landlords, or others. In South Carolina, expungement is available for specific offenses, including some cases of unlawful weapons carry.

Eligibility for Expungement of Unlawful Weapons Carry

Not all convictions are eligible for expungement in South Carolina. For those looking to expunge an unlawful weapons carry conviction, certain conditions must be met. 

Here are the general eligibility criteria:

1. First Offense: The conviction must be your first offense. The new 2024 constitutional carry law in South Carolina now allows for expungement of firearm offenses, while the old law did not. 
2. Type of Penalty Conviction Carries: The penalties for the conviction must not have been for more than 1 year in jail or more than a $1,000 fine. 
3. Completion of Sentence: You must have completed all terms of your sentence, including any probation or parole, fines, and community service. Additionally, you must have maintained a clean criminal record for a specified period following the completion of your sentence.
4. Time Period: Typically, a certain amount of time must have passed since the completion of your sentence before you can apply for expungement. 
   • For unlawful carry convictions prior to March 7, 2024, this period is five years. March 7, 2029 is the deadline for applying for expungement of an unlawful carry conviction prior to the new law.
   • For unlawful carry convictions after March 7, 2024, (convictions under the new constitutional carry law), you have to wait three years after your conviction date to apply for expungement. 

It’s important to consult with a legal professional to confirm your eligibility, as exceptions and specific circumstances can affect your ability to qualify for expungement.

The Expungement Process in South Carolina

If you believe you are eligible for expungement, the next step is to understand and navigate the legal process. Here’s a step-by-step overview of how to expunge a past unlawful weapons carry conviction in South Carolina:

1. Obtain Your Criminal Record: Start by obtaining a copy of your criminal record. This can be done through the South Carolina Law Enforcement Division (SLED). Review your record to ensure it accurately reflects your conviction and sentence completion.
2. Consult with an Attorney: While it is possible to file for expungement on your own, consulting with an attorney who specializes in South Carolina expungement law is highly recommended. An attorney can help you determine eligibility, prepare your application, and navigate the complexities of the legal process.
3. File a Petition for Expungement: Your attorney will help you prepare and file a petition for expungement with the appropriate court. This petition includes detailed information about your conviction, your eligibility for expungement, and any supporting documentation.
4. Pay Filing Fees: There is typically a filing fee associated with submitting an expungement petition. In South Carolina, the fee is usually around $250, though it may vary depending on the jurisdiction. In some cases, fee waivers may be available for those who cannot afford the cost. For unlawful carry convictions prior to March 7, 2024 there is no fee for applying for expungement.
5. Court Review and Decision: After filing your petition, the court will review your case. This process can take several weeks or even months. During this time, the solicitor’s office will also review your petition to ensure it meets the necessary criteria. If the court grants the expungement, your conviction will be removed from your public record.
6. Receive Confirmation: If your petition is successful, you will receive an order of expungement from the court. This order instructs all relevant agencies, including law enforcement and criminal databases, to remove the conviction from your record.

Benefits of Expunging an Unlawful Weapons Carry Conviction

Expunging a past unlawful weapons carry conviction can offer several significant benefits:

• Improved Employment Opportunities: A clean record can enhance your chances of securing a job, as many employers conduct background checks as part of their hiring process.
• Access to Housing: Landlords often check criminal records before renting property. Expungement can help you qualify for better housing opportunities.
• Restoration of Rights: Expungement may restore certain civil rights that were lost due to your conviction, such as the right to serve on a jury.
• Peace of Mind: Clearing your record can provide personal satisfaction and peace of mind, allowing you to move forward without the shadow of a past conviction.

Conclusion

Expunging a past unlawful weapons carry conviction in South Carolina can be a life-changing step towards rebuilding your future. While the process can be complex, understanding the eligibility requirements and working with an experienced attorney can significantly increase your chances of success.

If you believe you qualify for expungement or want to explore your options, contact our office today. 

Our legal team is here to guide you through the process, helping you clear your record and seize new opportunities with confidence.