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  1. #1
    Join Date
    Nov 2008
    Posts
    2

    Default Does an Expunged Felony Appear on My Record

    My question involves criminal records for the state of: South Carolina

    Hello all, thank you in advance for reading my question. Here's the basics of my situation.

    I was arrested in 2003 for Possession With The Intent To Distribute. I was a teenager at the time. I plead guilty in front of a judge in exchange for acceptance into a Pre-Trial Intervention program called Drug Treatment Court. The judge sentanced me to a Y.O.A. sentance, that I would have to serve if I didn't complete the program.

    I completed the program and the charge was expunged from my record.

    Now 5 years later, I'm married and have to work out of town sometimes. My wife and I agreed that we would like to have a standard shot gun in our home for self defense.

    I want to answer the "have you ever been convicted of a felony?" question on the application for a gun permit "no". I'm worried that my record is not 100% clean. If I answer no, and they see the charge on an arrest record then I will be disqaulified for being dishonest on the application. However, I'm afraid that answering "yes" would mean automatic disqaulification.

    Although I'm not trying to mislead anyone, I don't want to disclose more than I have too.

    How can I see what records South Carolina still have on this matter? I want to have access to everything that the application researcher(s) will have.

    Thank you in advance for any help / advice you can give me.

    If you're unsure of what advice to give, can you tell me what a reasonable lawyer would charge for one hour of their time on the phone? (What kind of lawyer should I contact if I decide to? A Criminal Lawyer?)

    Thank you very much for any help/advice/input - RedRover

  2. #2
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: I Have an Expunged Felony, is It on My Record

    Expungment means that only law enforcement agencies can see your record, not employers or others outside the law enforcement agency. Your record is still there, just not visible. To have it completely erased, you will need a pardon.
    So, to answer your question, having a felony on your record, you will need to answer "yes" to the question. By stating "no", you could find yourself in more trouble as lying on the application and being a convicted felon trying to obtain a weapon.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I Have an Expunged Felony, is It on My Record

    Your expungement was ordered under this statute?
    Quote Quoting South Carolina Statutes, Sec. 17-22-150. Disposition of charges against offenders accepted for intervention program.
    (a) In the event an offender successfully completes a pretrial intervention program, the solicitor shall effect a noncriminal disposition of the charge or charges pending against the offender. Upon such disposition, the offender may apply to the court for an order to destroy all official records relating to his arrest and no evidence of the records pertaining to the charge may be retained by any municipal, county, or state entity or any individual, except as otherwise provided in Section 17-22-130. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest. No person as to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest in response to any inquiry made of him for any purpose.

    (b) In the event the offender violates the conditions of the program agreement: (1) the solicitor may terminate the offender's participation in the program, (2) the waiver executed pursuant to Section 17-22-90 shall be void on the date the offender is removed from the program for the violation and (3) the prosecution of pending criminal charges against the offender shall be resumed by the solicitor.

  4. #4
    Join Date
    Nov 2008
    Posts
    2

    Default Re: I Have an Expunged Felony, is It on My Record

    Thanks for the help guys, I think I'm just going to let it go. I don't actually need the shot gun for hunting, and I would probally never need it.

    Thanks for the help, I do appericate it.

  5. #5
    Join Date
    Nov 2008
    Posts
    1

    Default Re: I Have an Expunged Felony, is It on My Record

    I certainly hope you dont need it...crazy world out there!

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