Expunging Fraudulent Check Charges in South Carolina

According to South Carolina Statute Section 34-11-90(e), a person that has fraudulent check convictions in may expunge his record.  South Carolina has certain requirements that must be met.

  1. The South Carolina fraudulent check conviction is a first offense.  
  2. It has been one year since the South Carolina fraudulent check conviction, and the defendant has no other convictions during that one year period.
  3. The defendant has never expunged a South Carolina check charge before.  

If the defendant has more than one South Carolina fraudulent check conviction, all the South Carolina fraudulent check convictions may be expunged if he was arrested for them on the same day and they were all taken care of on the same court date.  However, if the South Carolina fraudulent check arrests were on different dates, he may not be able to expunge any of the check charges.  

For instance, a South Carolina resident is arrested for a fraudulent check charge on January 1, 2000.  While in jail, on January 5, 2000, he is charged with another fraudulent check charge that he committed before he went to jail.  He may not expunge either of the South Carolina check charges due to the fact that he obtained another charge within one year.  This is true even if he plead guilty to the cases at the same time.  On the other hand, if he was charged with both South Carolina check charges on January 1, 2000, he would be able to expunge both check charges.  
To learn more about expunging your South Carolina criminal record, contact a South Carolina Expungement Attorney.
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