Expungement of Arrest Record
As a defendant, there are situations which you are entitled to have all records relating to an arrest or conviction expunged and destroyed. Tthe situations are as follows:
- If your case is dismissed, nolle prossed or has a not guilty verdict, you may file for an expungement to have the charge removed from your arrest record after 10 days.
- If you participate in the Pre-trial Intervention Program and your case is dismissed upon completion, you may file for an expungement of your record.
- For a first offense conviction in the Municipal Court or Magistrate's, with no further convictions in a three year period, you may be eligible for an expungement of your record, based on the charge. This will not apply to convictions involving the operation of a motor vehicle, DUI, DUS and Criminal Domestic Violence are not eligible for expungement.
- Obtain a Certified Copy of Disposition and Order of Expungement application from the Town of Hilton Head Island Municipal Court.
- Obtain the approvals and signatures of all applicable parties required.
- File the original signed Order of Expungement with the Beaufort County Clerk of Court Office.
- Obtain certified copies of the Order of Expungement from the Beaufort County Clerk of Court Office.
- Hand Deliver or mail certified copies of Order of Expungement to appropriate agencies (i.e. Magistrates Court, Municipal Court, State Law Enforcement Division, Sheriff's Department, Police Department and other sources.)