Whenever I am successful in getting a client’s DUI charge dismissed or reduced, one of the most frequently asked questions from my clients is, “Am I eligible for a DUI expungement?” or, “Will the DUI arrest show up on my record?”
For many years, it was not possible to receive a DUI expungement in South Carolina. Even in cases where the DUI was dismissed by the prosecutor or the defendant was found Not Guilty at a jury trial, a client’s SLED Criminal Background Check could still show that the client had been arrested for DUI.
This has proved to be very frustrating over the years for many of my clients, who often need background checks for employment opportunities or to secure housing. A DUI arrest can be an unfavorable factor to many potential employers and landlords.
The good news is, SC Code Section 17-22-950 has changed.
As of May 2016, defendants with Magistrate- and Municipal-level DUIs that have been dismissed, or defendants found Not Guilty at trial, may be eligible to have their DUI removed from their SLED Criminal Background.
If you think you may be eligible for a DUI expungement, please do not hesitate to contact my office at (864) 235-6790 for a consultation on the matter. Even if I did not represent you on the charge originally, I or a member of my staff will be happy to review your eligibility.
