How to Expunge or Destroy Juvenile Records in South Carolina

A juvenile case can follow someone longer than many families expect. Even though juvenile court records are generally confidential, information about an arrest, delinquency charge, fingerprint record, or court disposition may still be available to certain government agencies and other authorized parties.

Fortunately, South Carolina law allows some people to request the expungement of juvenile records. When granted, an expungement can remove official records connected with being taken into custody, the charges, the adjudication, and the final disposition.

The process is not automatic when a person turns 18. Eligibility depends on the type of offense, the outcome of the case, whether the sentence was completed, and whether the applicant has any later criminal history or pending charges.

What Does Juvenile Record Expungement Mean?

An expungement is a court-ordered process that removes qualifying records from government files. South Carolina law describes expungement as covering official records related to custody, filed charges, an adjudication, and the disposition of the juvenile matter.

Under South Carolina Code Section 63-19-2050, the effect of a granted order is to restore the person, in the eyes of the law, to the status held before being taken into custody. The statute also generally permits the person to respond to inquiries without acknowledging the expunged charge or adjudication.

Expungement is different from simply relying on the confidentiality of juvenile records. Family court and juvenile law enforcement records are subject to confidentiality protections, but they may still exist and may be shared for authorized criminal justice purposes.

Who Is Eligible to Expunge Juvenile Records in South Carolina?

A person may petition for South Carolina juvenile record expungement when the juvenile matter involved either:

• A status offense
• A nonviolent crime as defined by South Carolina law

A status offense is conduct prohibited because of a child’s age, such as certain truancy or incorrigibility matters. For qualifying status offenses, the court generally must grant the request when the statutory conditions are met. When the case involves a nonviolent crime, the court has discretion to approve or deny the petition.

Basic Eligibility Requirements

For most adjudicated cases, the court cannot grant juvenile expungement unless it finds that the applicant:

• Is at least 18 years old
• Successfully completed the dispositional sentence
• Has not later been adjudicated delinquent for or convicted of another criminal offense
• Has no pending criminal charges in family court or general sessions court

The statute also prevents a person from petitioning if they have a prior adjudication for an offense that carries a maximum adult sentence of 5 years or more.

Because offense classifications and criminal histories can be complicated, a person should not assume eligibility based only on the name of the original charge. A South Carolina criminal defense attorney can review the disposition, later record, and statutory classification before an application is submitted.

What If the Juvenile Was Found Not Guilty?

South Carolina provides broader relief when the juvenile was found not guilty at an adjudicatory hearing. In that situation, the court must grant the expungement regardless of the person’s age, and the applicant must not be charged an expungement fee.

The South Carolina Judicial Branch provides a separate form, SCCA 492NG, for a juvenile record expungement following a not-guilty finding. The standard juvenile expungement form is SCCA 492. Both are available through the South Carolina Judicial Branch court forms page.

Which Juvenile Records Cannot Be Expunged?

An adjudication for a violent crime, as defined by South Carolina law, cannot be expunged under Section 63-19-2050. The court may also deny a request involving a nonviolent offense because approval is discretionary rather than guaranteed.

A prosecutor or law enforcement agency may object when the applicant has pending charges or when the offense is not legally eligible. If an objection is filed, the family court must hold a hearing.

Families dealing with an active juvenile charge can learn more from the firm’s overview of common questions about juvenile charges in South Carolina.

Is There a Waiting Period for Juvenile Expungement?

South Carolina’s juvenile expungement law does not impose a separate, fixed-term waiting period for most qualifying adjudications. Instead, the applicant generally must be at least 18 and must have completed the entire dispositional sentence.

The practical waiting period therefore depends on the case. A person may need to finish probation, treatment, community service, restitution, or other court-ordered requirements before becoming eligible.

The applicant must also remain free of later adjudications or convictions and must have no pending family court or general sessions charges. Even a recently filed charge may prevent approval until the matter is resolved.

Steps in the South Carolina Juvenile Expungement Process

Step 1: Confirm the Case Is Eligible

Start by collecting the juvenile case number, charge information, disposition, and proof that all sentencing requirements were completed. Review any later arrests, convictions, or pending charges.

Step 2: Apply Through the Proper Solicitor’s Office

According to the South Carolina Judicial Branch, the juvenile expungement process requires the applicant to apply through the solicitor’s office in the circuit where the offense occurred.

Step 3: Pay the Required Fees

Unless an exception applies, the Judicial Branch currently lists the following possible fees:

• $250 nonrefundable solicitor administrative fee
• $25 SLED verification fee, when applicable
• $35 clerk of court filing fee, when applicable

These amounts are generally paid through separate certified checks or money orders. Fees and procedures may change, so applicants should confirm the current requirements with the appropriate solicitor’s office before submitting payment.

Step 4: Complete Agency Review

The solicitor sends the application to the South Carolina Department of Juvenile Justice. If DJJ approves it, the application is sent to the South Carolina Law Enforcement Division for eligibility verification.

When the matter qualifies, the solicitor obtains the necessary signatures, including the family court judge’s signature. The signed order is then filed with the clerk of court and distributed to the relevant government agencies.

Why Legal Guidance May Help

A juvenile expungement application can be delayed or denied when records are incomplete, the wrong circuit receives the request, an offense is misclassified, or a later charge creates an eligibility issue.

The Kent Collins Law Firm represents people facing criminal and juvenile matters in Lexington and surrounding communities in South Carolina. The firm can review the juvenile history, explain the available options, and assist with the procedural steps involved in seeking an expungement.

For more information about how criminal records may affect background checks, read 13 questions about criminal records and background checks in South Carolina.

Frequently Asked Questions About Juvenile Expungement

1. Do juvenile records automatically disappear at age 18?

No. Turning 18 may satisfy one eligibility requirement, but it does not automatically erase a juvenile record. A qualifying person must complete the formal expungement process.

2. Can a violent juvenile offense be expunged?

An adjudication for a violent crime cannot be expunged under South Carolina Code Section 63-19-2050.

3. Can someone apply before turning 18?

Generally, the applicant must be at least 18. An exception applies when the juvenile was found not guilty at an adjudicatory hearing. In that situation, the court must grant the request regardless of age.

4. Is juvenile expungement guaranteed?

Not always. Qualifying status offenses generally receive mandatory treatment under the statute, while expungement of a nonviolent crime remains within the court’s discretion. A prosecutor or law enforcement agency may also object for legally permitted reasons.

5. Will an expungement remove every record everywhere?

A court order directs how covered agencies handle official records. However, the scope of an order can depend on the case, and information previously published or held by private third parties may present separate issues.

Talk With The Kent Collins Law Firm About Your Record

A juvenile record should not be ignored simply because the case happened years ago. Reviewing eligibility now may help prevent avoidable problems involving employment, education, housing, licensing, or future court proceedings.

Contact The Kent Collins Law Firm to discuss South Carolina juvenile record expungement and the steps that may apply to your case. 

The firm’s office is located at 607 S. Lake Drive in Lexington, South Carolina. Contact us HERE to request a consultation.