Navigating the criminal justice system can be daunting, particularly when trying to understand the outcomes of a case. Terms like “dismissal” and “expungement” are often misunderstood. We aim to clarify these legal concepts at Smith Jordan Law. So, dismissal vs. expungement: What’s the difference? Let’s dive into these terms and their implications under South Carolina law.
Keep reading for more, then call a Greenville criminal defense lawyer at (864) 343-2222.
Understanding dismissal
What Is a dismissal?
A dismissal occurs when a criminal charge is dropped, and the case is closed without a conviction. This can happen for various reasons, including insufficient evidence, procedural errors, or successful legal defense. Once a case is dismissed, the defendant is no longer subject to prosecution for that specific charge.
Types of dismissal
- Voluntary dismissal – The prosecution drops the charges before or during the trial.
- Involuntary dismissal – The judge dismisses the case for legal reasons, such as lack of evidence or violating the defendant’s rights.
Legal implications
While a dismissal means that the defendant is no longer facing charges, the arrest record and charges may still appear on their criminal record. This can impact future employment opportunities, housing applications, and more.
Understanding expungement
What Is expungement?
Expungement is a legal process that removes a criminal record from public access. Once a record is expunged, it is as if the offense never occurred. The record is sealed and not accessible through standard background checks.
Eligibility for expungement in South Carolina
Under South Carolina law, you can apply to have certain arrests, charges, or convictions sealed, removing them from public record.
Not guilty, dismissed, and Nolle Prossed charges
- Post-2009 dismissals – Automatic expungement in most cases.
- Pre-2009 dismissals – Application required for expungement.
- Charges dismissed via plea agreement – Eligible for expungement but not free.
Misdemeanor offenses
- Eligibility – Misdemeanors with a maximum 30-day sentence and/or $1000 fine.
- Waiting period – Three years without other convictions; five years for domestic violence.
- Multiple offenses – Counted as one if sentenced together and arising from a single incident.
Youthful Offender Act (YOA)
- Eligibility – Convictions before the age of 25.
- Waiting period – Five years post-sentence with no other convictions.
- Multiple offenses – Counted as one if connected to a single incident and sentenced together.
- Exceptions – No expungement for sex offender registration offenses.
Fraudulent checks
- Eligibility – First offense misdemeanor.
- Waiting period – One year without other convictions.
Failure to stop for a blue light
- Eligibility – First offense conviction.
- Waiting period – Three years without other convictions.
Victims of human trafficking
- Eligibility – Convictions for human trafficking or prostitution.
- Special Consideration – Expungement possible for trafficking victims.
Simple Possession/Possession with Intent to Distribute (PWID)
- Simple Possession – Eligible three years post-sentence with no other convictions.
- PWID – Eligible 20 years post-sentence with no other drug or felony convictions.
Legal implications
Expungement offers a fresh start by removing the offense from your public record. This can significantly improve your prospects for employment, education, housing, and more. It’s important to note that while the record is sealed, certain agencies (such as law enforcement) may still have access to it under specific circumstances.
Dismissal vs. expungement: Key differences
Record visibility
- Dismissal – The case is closed, but the record of the arrest and charges remains visible on your criminal record.
- Expungement – The record is removed from public access, providing a clean slate.
Legal consequences
- Dismissal – You are not convicted, but the record may still impact your life.
- Expungement – The offense is effectively erased from public record, reducing the impact on your future.
Process
- Dismissal – Achieved through legal defense or prosecutorial discretion.
- Expungement – Requires a separate legal process, including filing a petition and meeting eligibility criteria.
Arrested? We’re ready to help.
Smith Jordan Law provides comprehensive guidance through the legal process, whether you’re seeking a dismissal of charges or an expungement of your record.
Our goal is to protect your future by ensuring that your legal rights are upheld and that you have the best possible chance of moving forward without the burden of a criminal record.
If you need help with a dismissal or expungement, contact us online or call (864) 343-2222. We offer strong guidance and support.
