South Carolina Expungements Legal Questions

First, I don't think an airsoft gun is considered a "firearm". Second, only a felony will preclude you from purchasing a firearm and discharging a firearm within city limits is usually a misdemeanor. Assuming your Second Amendment rights have been suspended, you would need a pardon to have your rights restored. Once that is done, you may expunge the record. Expunging the record alone will not restore any rights. All it will do is seal the record so it is not publically available. The following defines a "firearm" in South Carolina: SECTION 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.(A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, "weapon" means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death. Air, a spring, green gas or propane are probably not considered an "explosive".... Read More

Expungments are done without charge in only a very specific circumstance.  If your case was dismissed, that is, you did not plead guilty or were found guilty at trial, your arrest can be expunged with no charge to you.  What that boils down to is that the prosecutor for whatever reason decided not to prosecute your case. ... Read More

The quick answer is no, you can't have your charge expunged.  The reason is that you cannot have a charge expunged until three years after you officially end probation, so you will have to wait until 2020 before the charge can be expunged.  Another thing to consider is that felonies can only be expunged in very specific circumstances.  You must have been sentenced under the youthful offender act or the court will not order an expungement.  Even then, only certain felonies can be expunged.  ... Read More

You may be able to have your criminal record expunged since it was so long ago, but it also depends on what type of charge it was, whether you were convicted or the charge was dismissed, etc.  You should contact the expungement coordinator in the county of your conviction to find out the particulars.  You can also hire a lawyer in the county of your conviction to make the process easier for you.  Keep in mind, if you pay the money to have a charge expunged, the government doesn't give the money back if you were wrong about whether that charge can be expunged.  ... Read More

It can be expunged so long as the crime is expungeable.  Some states do not allow certain offenses to be expunged such as first or second degree felonies.  Follow the link below for more information: http://www.scsolicitor9.org/expungement.htm http://attorneyselwa.blogspot.com/2011/08/expungements.html   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale Avvo Justia LawGuru LinkedIn Twitter Facebook Serving Cleveland and Ohio, 44124 ... Read More

It usually is not hard to get an expungement since the process largely, if not entirely, depends on simply being eligible.  Often times, courts do not have much, if any, discretion in granting them.  You either qualify or you do not depending on what you were convicted for, how long since you were convicted or off of parol, and if you've ever been convicted of any other crimes.  You should contact an attorney licensed in South Carolina to discuss the specifics of your situation.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale Avvo Justia LawGuru LinkedIn Twitter Facebook Serving Cleveland and Ohio, 44124 ... Read More

DV convictions may or may not be expungeable depending on the state in which you were convicted.  Some states will not allow a DV conviction to be expunged because it is a violence offense.  Some states used to allow them to be expunged but then changed their mind creating an issue as to whether convictions prior to the change in the law are or are not expungeable.  You should consult an attorney licensed in South Carolina to inquire further.  The link below also has some additional information to review. http://www.scsolicitor9.org/expungement.htm   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale Avvo Justia LawGuru LinkedIn Twitter Facebook Serving Cleveland and Ohio, 44124 ... Read More

I cannot speak with specificity on South Carolina's requirements (as I am not licensed there) but typically a conviction can be expunged for felonies other than first or second degree felonies.  Depending on the degree felony for the identify fraud conviction you may be able to get it expunged.  You should contact an attorney licensed to practice in South Carolina to inquire further.   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More