This post covers three questions about a criminal charge in South Carolina. They concern whether a misdemeanor remains on a permanent record, whether a conviction can lead to the loss of a professional license, and whether an arrest is public information. Greg McCollum answers each question below.
Frequently Asked Questions
Does a misdemeanor remain on my permanent record?
There are really two kinds of misdemeanors. There’s a circuit court style misdemeanor, which is something that carries up to a year or more possible time imprisonment. South Carolina is a little bit strange because it has classes of misdemeanors, A, B, and C, which can carry up to three years.
South Carolina also has offenses which in some jurisdictions are called violations or infractions. These are summary court level offenses which carry a maximum penalty of no more than 90 days or a fine. Most people are allowed to pay the fine.
If you have a summary court misdemeanor conviction and you have a clean record otherwise, then in South Carolina, you can go back and expunge that, apply to the court for an expungement after waiting three years. You can have that expunged.
If you have a circuit court misdemeanor which is on your record, then once you’re convicted of that, you cannot expunge it. It’s a permanent record that stays on your record and never goes away.
Could I lose my professional license if I’m convicted of a crime?
Certainly many people lose professional licenses if they’re convicted of a crime. To be professionally licensed, you clearly have to have a clean record. Those things are usually renewed every year, every two years, some a little longer.
Certainly in South Carolina, the state licenses many types of professions, lawyers, doctors, accountants. That’s a big concern. So it’s very important to take the proper steps to make sure that you are not convicted of a crime, and there are many alternatives to a conviction.
I was just arrested. Is this public information? Who will know about it?
Arrests are public information, and that comes from the history of an arrest warrant, bond form, and these things were actually filed, and still are filed, with the clerk of court.
You even have a situation where, in many instances, your full name, date of birth, Social Security number, physical address, all of that is on the warrant. It’s on some of the other forms, and those are publicly filed.
Whereas in the past no one would go look at those, generally speaking. They could go to the courthouse and look at them, but no one would take the time to do that. Now those items are publicly disseminated or given out electronically.
So you have, for example, mugshot services where they publish some of that information, certainly the person’s picture and name, online. People look at those things. They’re also published in newspapers. These things come out weekly and have a surprisingly large following.
So yes, an arrest is public. Your picture that’s taken at the jail, which is always unflattering, that’s public. It’s on the internet, and there are many people that will see it in all likelihood.
A criminal charge can raise serious concerns about a permanent record, a professional license, and public exposure. Greg McCollum has approximately 30 years of experience and is a former prosecutor. That background can be valuable when you are weighing your options after a charge in South Carolina. Every case is different, and no outcome can be promised.
If you have questions about misdemeanor records, professional license concerns, or a public arrest in South Carolina, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.