Can I get my record expunged in South Carolina?

South Carolina allows expungement in limited circumstances: first-offense convictions for certain non-violent crimes, charges that were dismissed or nolle prossed, acquittals, and successful completion of Pretrial Intervention or drug court. Violent crimes, sex offenses, and most repeat offenses are not eligible. You must petition the court, and the process typically takes several months.

Is South Carolina really the only state that enforces the full SNAP drug felony ban?

Yes. As of 2026, South Carolina is the only state that fully enforces the federal lifetime ban on SNAP (food stamp) benefits for people convicted of drug felonies. Every other state has either eliminated the ban entirely, modified it to allow benefits after a waiting period, or limited it to certain offenses. This means a drug felony conviction in South Carolina permanently disqualifies you from SNAP unless the law changes.

Can a South Carolina employer refuse to hire me because of an old conviction?

Yes. South Carolina has no state law preventing employers from considering old convictions, and there is no requirement for employers to evaluate whether the conviction is relevant to the job. However, EEOC federal guidance recommends that employers consider the nature of the offense, time elapsed, and relevance to the position when making hiring decisions.

Will a dismissed charge show up on a South Carolina background check?

A dismissed charge may appear on a background check unless you have petitioned for expungement under S.C. Code § 22-5-920. Once expunged, the record is removed from public databases and should not appear on standard background checks. If you have dismissed charges, it is worth applying for expungement.

Does South Carolina have any automatic record clearing?

No. South Carolina does not have a Clean Slate law or any automatic record-clearing mechanism. All expungement requires filing a petition with the court, paying applicable fees, and waiting for court processing. There have been no Clean Slate bills introduced in the South Carolina legislature as of 2026.

How long does the expungement process take in South Carolina?

The expungement process in South Carolina typically takes 3 to 6 months from filing to completion. You must obtain the necessary court documents, file a petition, and wait for court review. Processing times vary by county. Some legal aid organizations offer free assistance with the expungement process.

South Carolina Background Check Laws

No state lookback limitLast updated: 2026-04-01

South Carolina has no state lookback limit — convictions appear on background checks indefinitely. There is no ban-the-box law and no Clean Slate law. Limited expungement is available for first-offense, non-violent crimes. South Carolina is the only state that fully enforces the federal SNAP ban for drug felony convictions.

Overview

South Carolina does not impose a state-level time limit on how far back employers can look at criminal convictions. Under the federal Fair Credit Reporting Act (FCRA), convictions can be reported indefinitely, and South Carolina has no stricter state law overriding this default. A conviction from decades ago can still appear on a standard employment background check. South Carolina does not have a ban-the-box law for public or private employers, meaning employers can ask about criminal history at any point in the hiring process, including on initial applications. Notably, South Carolina is the only state that still fully enforces the federal lifetime ban on SNAP (food stamp) benefits for people convicted of drug felonies. In most other states, this ban has been modified or eliminated, but South Carolina has opted to maintain it in full — a significant barrier for people rebuilding their lives after a drug-related conviction. Expungement is available but limited. South Carolina allows expungement for first-offense, non-violent crimes in certain categories, and for charges that were dismissed or resulted in acquittal. The process requires a petition to the court and can take several months.

How Far Back Does a Background Check Go in South Carolina?

Record Type	Rule in South Carolina
Felony Convictions	Reported indefinitely. No state time limit on felony conviction reporting.
Misdemeanor Convictions	Reported indefinitely. No state time limit on misdemeanor conviction reporting.
All Convictions	No state limit. Convictions can be reported indefinitely under FCRA defaults. South Carolina has no statute restricting how far back consumer reporting agencies can report criminal convictions.
Arrests (No Conviction)	Under the FCRA, arrests that did not lead to conviction can be reported for up to 7 years. South Carolina does not impose a stricter limit.
Pending Cases	Pending charges can be reported and considered by employers. South Carolina does not restrict reporting of pending criminal cases.

Ban the Box / Fair Chance

No statewide law

South Carolina does not have a ban-the-box law at the state level for either public or private employers. Employers can ask about criminal history on job applications and at any stage of the hiring process. No South Carolina cities have enacted local ban-the-box ordinances as of 2026.

Clean Slate / Auto-Sealing

No Clean Slate law

South Carolina does not have a Clean Slate law providing automatic record sealing or expungement. Record clearing requires filing a petition with the court. Expungement is available for first-offense convictions of certain non-violent crimes (S.C. Code § 22-5-910, § 22-5-920, § 34-11-90), charges that were dismissed or nolle prossed, and acquittals. Convictions for violent crimes, sex offenses, and most repeat offenses cannot be expunged.

What Employers Can Do in South Carolina

When can employers ask about criminal history?: South Carolina employers — both public and private — can ask about criminal history at any point in the hiring process, including on the initial job application. There are no state restrictions on timing.
What can they consider?: South Carolina employers can consider any conviction regardless of age or relevance to the job. There is no state law requiring employers to evaluate the relationship between a conviction and the position. Federal EEOC guidance recommends individualized assessment, but it is not mandated by state law.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in South Carolina

S.C. Code § 22-5-910 (First Offense Expungement — Magistrate/Municipal Court)(2009)
Allows expungement of first-offense convictions for certain minor crimes handled in magistrate or municipal court, after completion of sentence and waiting period.
S.C. Code § 22-5-920 (Expungement of Dismissed Charges)
Provides for expungement of criminal charges that were dismissed, nolle prossed, or resulted in acquittal.
S.C. Code § 17-22-150 (Pretrial Intervention Expungement)
Allows expungement of charges for individuals who successfully complete the Pretrial Intervention (PTI) program.
Federal SNAP Drug Felony Ban (21 U.S.C. § 862a)(1996)
Federal law imposing a lifetime ban on SNAP and TANF benefits for people convicted of drug felonies. Most states have opted out or modified this ban, but South Carolina fully enforces it — the only state to do so.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Allows reporting of convictions indefinitely but limits reporting of non-conviction arrests to 7 years. Requires applicant consent before running a background check.

Frequently Asked Questions — South Carolina

How far back does a background check go in South Carolina?: South Carolina has no state limit on how far back criminal convictions can be reported. Under the FCRA, convictions can appear indefinitely. Arrests that did not lead to conviction are limited to 7 years under federal law. A felony from 20 or 30 years ago can still appear on a South Carolina background check.
Does South Carolina have ban-the-box?: No. South Carolina does not have a ban-the-box law for either public or private employers. Employers can ask about criminal history on job applications and at any point during the hiring process.
Can I get my record expunged in South Carolina?: South Carolina allows expungement in limited circumstances: first-offense convictions for certain non-violent crimes, charges that were dismissed or nolle prossed, acquittals, and successful completion of Pretrial Intervention or drug court. Violent crimes, sex offenses, and most repeat offenses are not eligible. You must petition the court, and the process typically takes several months.
Is South Carolina really the only state that enforces the full SNAP drug felony ban?: Yes. As of 2026, South Carolina is the only state that fully enforces the federal lifetime ban on SNAP (food stamp) benefits for people convicted of drug felonies. Every other state has either eliminated the ban entirely, modified it to allow benefits after a waiting period, or limited it to certain offenses. This means a drug felony conviction in South Carolina permanently disqualifies you from SNAP unless the law changes.
Can a South Carolina employer refuse to hire me because of an old conviction?: Yes. South Carolina has no state law preventing employers from considering old convictions, and there is no requirement for employers to evaluate whether the conviction is relevant to the job. However, EEOC federal guidance recommends that employers consider the nature of the offense, time elapsed, and relevance to the position when making hiring decisions.
Will a dismissed charge show up on a South Carolina background check?: A dismissed charge may appear on a background check unless you have petitioned for expungement under S.C. Code § 22-5-920. Once expunged, the record is removed from public databases and should not appear on standard background checks. If you have dismissed charges, it is worth applying for expungement.
Does South Carolina have any automatic record clearing?: No. South Carolina does not have a Clean Slate law or any automatic record-clearing mechanism. All expungement requires filing a petition with the court, paying applicable fees, and waiting for court processing. There have been no Clean Slate bills introduced in the South Carolina legislature as of 2026.
How long does the expungement process take in South Carolina?: The expungement process in South Carolina typically takes 3 to 6 months from filing to completion. You must obtain the necessary court documents, file a petition, and wait for court review. Processing times vary by county. Some legal aid organizations offer free assistance with the expungement process.

South Carolina Resources

South Carolina Law Enforcement Division (SLED) — Criminal Records
The state agency that maintains criminal history records. You can request your own criminal history record for a fee.
South Carolina Legal Services
Provides free legal assistance to low-income South Carolinians, including help with expungement petitions.
South Carolina Appleseed Legal Justice Center
Advocacy organization working on criminal justice reform and reentry issues in South Carolina.
SC Thrive — Benefits Assistance
Helps South Carolinians access public benefits, including information about SNAP eligibility and the drug felony ban.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in South Carolina for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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