Do I still have a criminal record?

[GarrisonM1995]

What is the name of your state (only U.S. law)? South Carolina

I asked a question on XXX a few days ago regarding employment. One answer I got from a woman telling me that my record isn't expunged because I have to wait 3 years and do it with an attorney. I'm curious to know because I got my record expunged by doing pretrial intervention. Since she told me that does this mean I still have a record?

 

[quincy]

What is the name of your state (only U.S. law)? South Carolina

I asked a question on XXX a few days ago regarding employment. One answer I got from a woman telling me that my record isn't expunged because I have to wait 3 years and do it with an attorney. I'm curious to know because I got my record expunged by doing pretrial intervention. Since she told me that does this mean I still have a record?

Some charges are automatically expunged. Upon satisfactory completion of all diversion program terms and conditions during a probationary period, the judge just needs to sign off on the discharge and dismissal. You should check with the court and the charging agency to make sure that all records are removed from their databases.

You might also want to do your own background check on yourself to make sure your records were not picked up after you were arrested and charged and not yet removed from the background check databases. Background check companies are required by law to remove expunged records from their databases as well.

Good luck.

 

[GarrisonM1995]

Some charges are automatically expunged upon satisfactory completion of all diversionary program terms and conditions during a probationary period. The judge needs to sign off on the discharge and dismissal. And you should check with the court and the charging agency to make sure that all records are removed from their databases.

You might also want to do your own background check on yourself to make sure your records were not picked up after you were arrested and charged and still remain. Background check companies are required to remove expunged records from their databases as well.

Good luck.

Well I did a background check on myself on SLED after it was expunged and nothing showed up. All I want to know is was what that woman said on XXX was true? Do I still have a record or not?

 

[cbg]

Yes, you still have a record. It's just not visible to everyone.

 

[GarrisonM1995]

Yes, you still have a record. It's just not visible to everyone.

ok so that means I have to wait after three years to get it expunged doesn't it?

 

[quincy]

Well I did a background check on myself on SLED after it was expunged and nothing showed up. All I want to know is was what that woman on XXX said was true? Do I still have a record or not?

If your records have been expunged that means they no longer exist on public databases. They have been destroyed. It is as if they never existed and as if you were never arrested and charged with an offense.

I have no idea why the woman on the other site said what she said. I suggest you ask her to explain.

 

[GarrisonM1995]

If your records have been expunged that means they no longer exist. They have been destroyed. It is as if they never existed and as if you were never arrested and charged with an offense.

I have no idea why the woman on the other site said what she said. I suggest you ask her to explain.

Well it's obvious now that either her or someone here is lying.

 

[Zigner]

Well it's obvious now that either her or someone here is lying.

Not lying, just mistaken. There is a difference.

 

[GarrisonM1995]

Not lying, just mistaken. There is a difference.

What's a mistake? Apparently my record isn't expunged and I have to wait 3 years so how is that a mistake?

 

[quincy]

Well it's obvious now that either her or someone here is lying.

Did you ask your question any differently on the other site?

 

[GarrisonM1995]

Did you ask your question any differently on the other site?

In the question I mention that I did pretrial intervention and this was here exact answer:

"You said you were not convicted but that you got your record expunged. Something is wrong here. First off, if you are in the U.S., you cannot get your record expunged unless three full years has passed after the conviction. So, if it happened when you were 20 and you are now 22, three years have NOT passed so your record is not expunged. Further, nobody can get his own record expunged. It takes an attorney to do it. Did you hire an attorney to have it done--- presuming your dates are wrong and three years have passed? If you aren't sure, it would have cost you around $8,000 or $10,000 (in advance) to pay the lawyer. Is your recollection any better? With a criminal record, you would not be allowed to practice law. You could attend law school - they'll take your money but, you won't be allowed to practice law. Sorry, I don't know about engineering or computer science."

 

[quincy]

Here is a link to the South Carolina Bar Association on frequently asked questions about expungements and pardons:

https://www.scbar.org/public/get-le...ngement-and-pardons-in-south-carolina-courts/

I would say the woman who answered the question on the other site is wrong.

 

[Zigner]

In the question I mention that I did pretrial intervention and this was here exact answer:

"You said you were not convicted but that you got your record expunged. Something is wrong here. First off, if you are in the U.S., you cannot get your record expunged unless three full years has passed after the conviction. So, if it happened when you were 20 and you are now 22, three years have NOT passed so your record is not expunged. Further, nobody can get his own record expunged. It takes an attorney to do it. Did you hire an attorney to have it done--- presuming your dates are wrong and three years have passed? If you aren't sure, it would have cost you around $8,000 or $10,000 (in advance) to pay the lawyer. Is your recollection any better? With a criminal record, you would not be allowed to practice law. You could attend law school - they'll take your money but, you won't be allowed to practice law. Sorry, I don't know about engineering or computer science."

Well, I can tell you for SURE that this answer wasn't correct in its entirety. In California, you can get certain convictions "dismissed" (aka: expunged) in less than three years and an attorney is not required to do so. California is a part of the U.S., so the information you received, as quoted above, was flawed.

 

[GarrisonM1995]

Well, I can tell you for SURE that this answer wasn't correct in its entirety. In California, you can get certain convictions "dismissed" (aka: expunged) in less than three years and an attorney is not required to do so. California is a part of the U.S., so the information you received, as quoted above, was flawed.

Don't know why you're mentioning California because I live in South Carolina, but whatever you say I guess.

 

[Zigner]

Don't know why you're mentioning California because I live in South Carolina, but whatever you say I guess.

The advice you quoted was "First off, if you are in the U.S., you cannot get your record expunged unless three full years has passed after the conviction." I was simply pointing out the fact that this statement is false. As such, the advice you received was flawed and suspect.