South Carolina Criminal Defense Lawyer
A South Carolina charge, or an old record that won't go away, can shadow your job, housing, and future for years. Clyde Lemon, a former Assistant Public Defender now licensed in South Carolina and Florida, defends clients and helps eligible people clear their records through expungement across the Charleston and Columbia areas, Orangeburg, and Dorchester County. When you call, you reach Clyde directly.
Clearing your record in South Carolina
A dismissed charge or old conviction can keep surfacing on background checks. South Carolina law lets many records be expunged, destroyed or sealed from public view, but eligibility is specific:
- Dismissed, "nol prossed," or "not guilty" charges are often eligible, and since 2009 many dismissed charges are expunged automatically.
- Pretrial Intervention (PTI): completing the program generally leads to dismissal and eligibility for expungement.
- Conditional discharge for a first-offense simple possession of marijuana can be expunged once the conditions are met.
- First-offense minor misdemeanors (carrying up to roughly 30 days and/or a small fine) may be expunged after a three-year conviction-free wait, five years for a first-offense domestic-violence conviction.
- Traffic convictions and most felonies generally cannot be expunged.
Expungement runs through the solicitor's office for your circuit (the First Circuit serves Dorchester and Orangeburg counties, the Ninth serves Charleston, and the Fifth serves the Columbia/Richland area) and is verified by SLED (the South Carolina Law Enforcement Division). Where a record cannot be expunged, a pardon through the SC Department of Probation, Parole and Pardon Services may be an option. Clyde's pro bono background in record sealing, expungement, and voting-rights restoration is work he brings to clients in both states.
If you're facing a new charge
Early decisions matter: say as little as possible, exercise your right to a lawyer, write down what you remember, and do not miss court dates. Clyde will review the charge, explain your options in plain English, and tell you honestly whether it is a matter he handles or one better referred to local counsel.
Why work with Clyde
Clearing a record is detail work and deadline work, and it rewards a lawyer who knows the system from the inside. Clyde served as an Assistant Public Defender before founding the firm, so he understands how a charge lands on your record, which is half of knowing how to get it off. He handles your case personally, from confirming eligibility through any hearing, and because he is licensed in both South Carolina and Florida, a record that crosses state lines does not mean hiring two lawyers. The first 30-minute consultation is free.
Frequently Asked Questions
Can I get my record expunged in South Carolina?
Possibly. Dismissed charges, PTI completions, certain first-offense misdemeanors (after a waiting period), and some drug conditional discharges may qualify. Felonies and most traffic offenses generally do not.
How long do I have to wait to expunge a misdemeanor?
Often three years conviction-free for an eligible minor misdemeanor, five years for a first-offense domestic-violence conviction.
Are dismissed charges removed automatically?
Many dismissed or 'not guilty' charges since 2009 are expunged automatically, but not all; it's worth confirming your record was actually cleared.
Where do I file for expungement?
Through the solicitor's office for your circuit (First Circuit for Dorchester and Orangeburg, Ninth for Charleston, Fifth for Columbia/Richland), with verification by SLED.
What if my conviction can't be expunged?
A pardon through the SC Department of Probation, Parole and Pardon Services may be available, though it does not erase the record.
Will an old charge show up on background checks?
Often yes, even dismissed charges, until the record is expunged.
What areas do you serve?
Clyde serves the Charleston and Columbia areas, Orangeburg, and Dorchester County. He is licensed in both South Carolina and Florida.
Do you offer free consultations?
Yes. Clyde offers a free 30-minute consultation, and you meet with him directly. Longer consultations are available for a fee.
Ready to Discuss Your Case?
Book a consultation online. No phone tag.