I pled guilty to breach of trust over $5,000.00. I was sentenced to 5 years of probation. Can I get it removed once this sentence is over?
Question Details:
What you are referring to is an Expungement. Only certain types of convictions can be expunged. Your particular case does not qualify. I have pasted the statute on expungements for you below. Experienced Criminal Defense and Personal Injury Attorney. Free consultation and case evaluation. Our defense firm is located in Myrtle Beach (Horry County), South Carolina, and we represent people in the entire state You are very welcome to call or email if you have any questions. Robert Johnston AttorneyLocation: Myrtle Beach (Horry County)Email: LawyerSC@aol.comPhone: 843-828-1137Web Site: RobertJohnstonLaw.comAreas of Practice: Criminal Defense & Personal Injury EXPUNGEMENTS § 22-5-910. Expungement of criminal records.**Update notice: This section has been amended byACT NO. 36 OF 2009(A) Following a first offense conviction in a magistrates court ora municipal court, the defendant after three years from the date of theconviction may apply, or cause someone acting on his behalf to apply,to the circuit court for an order expunging the records of the arrestand conviction. However, this section does not apply to:(1) an offense involving the operation of a motor vehicle;(2) a violation of Title 50 or the regulations promulgated pursuant toTitle 50 for which points are assessed, suspension provided for, orenhanced penalties for subsequent offenses are authorized; or (3) an offense contained in Chapter 25 of Title 16, except firstoffense criminal domestic violence as contained in Section 16-25-20,which may be expunged five years from the date of the conviction. (B) If the defendant has had no other conviction during the three-yearperiod, or during the five-year period as provided in subsection (A)(3),following the first offense conviction in a magistrates court or amunicipal court, the circuit court may issue an order expunging therecords. No person may have his records expunged under this section morethan once. A person may have his record expunged even though theconviction occurred prior to June 1, 1992. (C) After the expungement, the South Carolina Law Enforcement Divisionis required to keep a nonpublic record of the offense and the date of theexpungement to ensure that no person takes advantage of the rights ofthis section more than once. This nonpublic record is not subject torelease under Section 34-11-95, the Freedom of Information Act, or anyother provision of law except to those authorized law or court officialswho need to know this information in order to prevent the rights affordedby this section from being taken advantage of more than once.(D) As used in this section, "conviction" includes a guilty plea, aplea of nolo contendere, or the forfeiting of bail.