LEXINGTON EXPUNGEMENT ATTORNEY

You may be eligible for an expungement if you can answer "yes" to one of the following questions regarding your case:

• Was it your first conviction in a magistrate or municipal court, and is it at least 3 years old?
• Is it for a fraudulent check that you were convicted of at least one year ago?
• Did you complete pre-trial intervention (PTI) but fail to complete the expungement forms?
• Were you arrested for a crime that was dismissed or were you found not guilty after a trial?
• Did you complete the conditional discharge program for a controlled substance violation?
• Were you convicted of failure to stop for a blue light more than 3 years ago?
• Were you convicted of a non-violent offense more than 15 years ago?

Frequently Asked Questions about Expungement

• If I was convicted of CDV, can this be expunged? - Yes; however, the domestic violence conviction needs to be at least five years old.

• If my case is still pending, can it be expunged? - No. Only cases that have been concluded and where either dismissed or resulted in a conviction and are suitably aged (1-15 years depending on the type of conviction) are eligible for expungement.

• How long does the process take? - We can generally have your expungement application filed very quickly, usually within one to three business days. Immediately following the filing with the court we can provide you with a written confirmation from our office that your expungement application has been filed. Depending on the county of your charge it generally takes another three to six months for the court to process the application and for the records to be destroyed. You will receive written confirmation upon the completion of the process.

• What are the costs? - Attorney's fees are a minimum of $600 paid at the time we file for your engagement. In addition, there are costs charged by the court that will be between $175 and $335 depending on your offense. If you have further questions about the process we offer initial consultations for $175 that include a review of your South Carolina criminal background report. If you do not have a copy of your SLED report we can obtain one for you from SLED for an additional $25. If you decide to hire us to apply for the expungement after the consultation we will apply those payments to our charge. Consultations are usually done by telephone or e-mail.

• Can a non violent felon own a gun in SC? - people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition. It is unlawful for a person who has been convicted of a “violent crime,” as defined by South Carolina law, to possess a firearm or ammunition if the violent crime is also classified as a felony offense.