Greenville, SC Expungement Attorneys

Get Help Clearing Your Criminal Record

In Greenville, South Carolina, a criminal records expungement is the legal process of erasing or sealing a person’s criminal record. Once expunged, the record is not accessible to the public, and the individual can legally state that they have no criminal history. This can help with job searches, housing applications, and other areas where a clean record is beneficial. However, not all crimes are eligible for expungement, and the process requires meeting specific criteria and often involves legal assistance.

The knowledgeable Greenville, South Carolina expungement lawyers at Fedalei & Reid can determine if you are eligible to pursue a criminal records expungement in your circumstances. If so, we can handle the entire process for you, represent you during all legal proceedings, and seek the criminal records expungement you need as soon as possible.

To set up a free consultation with a skilled Greenville, SC, expungement lawyer, please call us at (864) 668-1661 or use our online form. We can explore your options for a less stressful future.

Schedule A Free Consultation

Why Should We Represent You in Your Expungement Case?

Pursuing and obtaining a criminal records expungement can be a very complicated process to handle on your own. Therefore, you want a knowledgeable team of criminal defense attorneys in Greenville, SC, aggressively representing you and fighting for your interests.

At Fedalei & Reid, our lawyers have a strong track record of success representing individuals accused of various crimes in the Upstate SC region. Our team will aggressively fight for your rights and aggressively pursue a criminal records expungement if you are eligible.

You can view some of our most recent client reviews here.

Our office is conveniently located at 600 E. North Street, Suite 103, Greenville, SC 29601.

Let us handle the expungement process as quickly and efficiently as possible.

What are the Potential Benefits of Obtaining an Expungement in Greenville, SC?

Obtaining a criminal records expungement in Greenville, SC, offers numerous benefits, potentially affecting various aspects of your life. Here are some of the key benefits:

• Employment Opportunities – A criminal record can be a significant barrier to employment. Many employers conduct background checks and may hesitate to hire someone with a criminal history. With an expunged record, you can legally state that you have not been convicted of the expunged offense, improving your chances of securing a job. This can be crucial for those looking to advance in their careers or enter fields that require a clean record.
• Housing – Like employers, landlords often perform background checks on prospective tenants. A criminal record can make it challenging to find quality housing, as landlords may view you as a liability. Expungement removes this obstacle, allowing you to apply for housing without the stigma of a criminal record. This can lead to better living conditions and more stable housing options.
• Educational Opportunities – Educational institutions, particularly those offering professional programs, often scrutinize applicants’ backgrounds. A criminal record can impede your ability to gain admission to certain colleges or universities. Having your record expunged allows you to pursue higher education and professional training without fearing rejection based on past mistakes.
• Financial Benefits – A clean record can also open up financial opportunities. Certain loans, grants, and scholarships require a clean background check. Expungement can increase your eligibility for these financial resources, aiding your pursuit of education, homeownership, or business ventures.
• Personal and Social Benefits – Expungement can significantly improve your social standing and personal relationships. The stigma of a criminal record can affect your interactions with others and your self-esteem. Clearing your record can lead to a sense of relief and empowerment, allowing you to move forward without the weight of past mistakes.
• Legal Rights Restoration – In some cases, expungement can restore certain legal rights lost due to a criminal conviction. This can include the right to vote, serve on a jury, or possess a firearm. Restoring these rights can help you fully participate in civic duties and personal freedoms.

Circumstances When Individuals Are Eligible for a Records Expungement in Greenville, SC?

In Greenville, South Carolina, not everyone is eligible for records expungement. The process aims to help individuals who have made past mistakes and wish to move forward without the burden of a criminal record. Here are the key circumstances under which an individual can obtain a records expungement:

• First-Time Offenders – South Carolina law allows for expunging a first offense, provided it was a minor, non-violent crime. This typically includes misdemeanors and some non-violent felonies. For instance, someone convicted of a first-time, low-level drug offense may be eligible for expungement after completing their sentence and a waiting period.
• Dismissed Charges and Acquittals – If you were charged with a crime but the charges were later dismissed, or you were found not guilty, you should be eligible for expungement. Any record of your arrest or charge can be erased, preventing it from appearing on criminal background checks.
• Non-Conviction Arrests – Arrests that did not lead to a conviction can also be expunged. If you were arrested but never charged – or if the charges were dropped – you can apply to have the arrest record expunged. This ensures that the arrest does not affect your future opportunities.
• Pre-Trial Intervention (PTI) Program – The Pre-Trial Intervention Program is available for first-time, non-violent offenders. If you complete this program successfully, you can have your charges dismissed and then apply for expungement. This program often includes community service, counseling, and other rehabilitative measures.
• Youthful Offender Act (YOA) Convictions – Individuals convicted under the Youthful Offender Act may be eligible for expungement. This typically applies to those who committed a crime between 17 and 25 years old and received a sentence under the YOA. After completing their sentence and a five-year waiting period, they can apply for expungement.
• Summary Court Convictions – Certain summary court convictions, such as public disorderly conduct or minor traffic offenses, can also be expunged. Generally, there is a three-year waiting period after completing the sentence before individuals can apply for expungement.

The expungement process allows you to clear your criminal record and move forward with your life as quickly as possible. At Fedalei & Reid, we will handle every step of the process for you and answer your questions.

What Factors will a Judge Consider For an Expungement Request?

When considering an expungement request, a judge evaluates various factors to determine whether the individual deserves to have their criminal record sealed or erased. The process is not automatic and requires careful consideration of the circumstances surrounding the case and the individual’s behavior since the offense. Here are the key factors a judge will consider:

• Nature of the Offense – The type and severity of the crime play a crucial role in the judge’s decision. Generally, non-violent and lesser offenses are more likely to be expunged than serious or violent crimes. For example, minor drug offenses or misdemeanors stand a better chance compared to felonies involving violence or significant harm.
• Time Elapsed Since the Offense – The amount of time that has passed since the offense and the completion of the sentence is another critical factor. Judges typically look for a substantial period during which the individual has stayed out of trouble. This period demonstrates that the individual has reformed and is unlikely to re-offend. In South Carolina, specific waiting periods are mandated for different offenses before an expungement is an option.
• Behavior Since the Offense – A judge will also consider the individual’s conduct since the offense. Consistent good behavior, such as maintaining steady employment, pursuing education, and contributing positively to the community, can significantly influence the judge’s decision. Any subsequent criminal activity will likely harm the chances of obtaining an expungement.
• Effect on the Individual’s Life – Judges may also consider how the criminal record affects the individual’s life. If the record is a barrier to employment, housing, education, or other significant aspects of life, the judge may be more inclined to grant the expungement. Demonstrating how the expungement will help improve one’s life situation can be persuasive.
• Alleged Victim’s Input – If an alleged victim was involved in the offense, the judge may consider their opinion. The alleged victim’s views on the expungement request can influence the judge’s decision, especially if the victim opposes it. However, the victim’s input is just one of many factors considered.
• Legal Requirements – The judge must ensure that all legal requirements for expungement are met. This includes confirming that the offense qualifies for expungement under state law and that all procedural steps have been correctly followed. Any discrepancies or failure to meet legal criteria can result in denying the expungement request.

This thorough review ensures that expungement is granted to those who have genuinely reformed and need a clean slate to move forward with their life.

How Can Our Criminal Defense Lawyers Benefit You at an Expungement Hearing?

Our experienced Greenville expungement lawyers at Fedalei & Reid can be instrumental in helping you during your expungement hearing. Our extensive legal knowledge and guidance can significantly increase your chances of having your criminal record expunged. Here’s how we can guide you throughout the process:

• Legal Knowledge and Advice – At Fedalei & Reid, we understand the complexities of the expungement process and can provide accurate legal advice. We also know which offenses are eligible for expungement under South Carolina law and can determine if your case meets the necessary criteria. Our team will ensure that you meet all the necessary legal requirements, reducing the risk of a denial due to technical errors.
• Preparing Your Application – The expungement process involves extensive paperwork and documentation. Our team can gather all required documents for you, such as court records, arrest records, and proof of sentence completion. We can also assist in filling out the necessary forms correctly and ensure that your application is complete and accurate before submission.
• Representing You in Court – During the expungement hearing, our lawyers will represent you in court. We will present a compelling case on your behalf, emphasizing your positive behavior since the offense and the reasons why expungement is warranted. Our significant experience in court proceedings enables us to effectively communicate with the judge and address any concerns that may arise during the hearing.
• Addressing Legal Arguments – If there are any objections or legal arguments against your expungement request, we can address those issues in court. We will counter any arguments from the prosecution or other parties, providing legal justifications and evidence to support your request. This ability to effectively argue your case can be crucial in convincing the judge to grant the expungement.
• Ensuring Compliance with Procedures – The expungement process involves strict legal procedures and timelines. Our lawyers will ensure you comply with all procedural requirements, such as filing deadlines and court appearances. We can keep track of your case’s progress and promptly handle any issues that arise, preventing unnecessary delays or complications.
• Providing Peace of Mind – Having a knowledgeable lawyer by your side can provide peace of mind during the expungement process. We will answer your questions, address your concerns, and offer reassurance throughout the process. This support can alleviate the stress and anxiety often associated with legal proceedings.

The experienced Greenville, SC expungement attorneys at Fedalei & Reid can oversee the expungement process by providing legal knowledge, preparing your application, representing you in court, addressing legal arguments, ensuring compliance with procedures, and offering you peace of mind. Our assistance can significantly enhance your chances of successfully obtaining an expungement and moving forward with a clean slate.

Contact Our Experienced Greenville, SC, Expungement Attorneys Right Away

At Fedalei & Reid, we have seen firsthand the relief an expungement can provide for our clients, opening up many opportunities and decreasing stress for the future. We seek expungements whenever the law allows, presenting strong arguments in favor of clearing our clients’ records.

Our experienced attorneys can determine your eligibility for a criminal records expungement. If you are eligible to go forward with the process, we can handle all of the steps for you, helping you achieve the best possible result in your case.

For a free case evaluation and legal consultation with our knowledgeable Greenville criminal defense attorneys, please call us at (864) 668-1661 or contact us online.