Expert: William Payne - 7/26/2008

Question
HEY MR PAYNE, My question is not in law enforcement, but is about a felony. I HAVE 6 YEARS EXP IN TERRITORIAL SALES AND 4 YEARS IN MGMT AT A CORPORATE LEVEL, AND 3 YEARS COLLECTIONS. I lost my job due to downsizing about 4 years ago. i had worked my way up the corporate ladder, and bought my 1st house and had a real nice car. I GOT WAY OVER MY HEAD IN BILLS AND COULD NOT FIND A JOB LIKE THE MONEY I WAS MAKING. I SENT 1,000 OR MORE RESUMES BUT COULD NOT FIND A JOB. I WAS 8 MONTHS BEHIND ON MY MORTGAGE AND 3 MONTHS BEHIND ON MY CAR. I DID NOT SEE A WAY OUT SO I COMMITTED INSURANCE FRAUD. THE CHARGE WAS 5,000 OR LESS AND I GAVE BACK ALL THE MONEY, BUT WAS CHARGED A FELONY AND YEARS PROBATION. I HAVE TRIED TO TURN A NEGATIVE SITUATION INTO A POSITIVE ONE. I WENT BACK TO COLLEGE AND SUPPOSE TO GRADUATE IN SEPT. I AM A MAN AND I TAKE RESPONSIBILITY FOR MY MISTAKES. DO YOU KNOW HOW I COULD GET THIS FELONY EXPUNGED OFF OF MY RECORD. I HAVE NO OTHER FELONIES ON MY RECORD AND EVEN WITH ALL THE EXP I HAVE, IT IS KILLING ME WHEN IT COMES TO GETTING A JOB. I AM NOT PERFECT AND I MAKE WRONG DECISIONS JUST LIKE EVERY ONE ELSE. I ALSO GOT 160 HOURS OF COMMUNITY SERVICE, WHICH I HAVE COMPLETED AND I HAVE PAID MY FINES. I AM 38 YEARS OLD AND TRYING TO GO TO COLLEGE AND DEAL WITH THIS FELONY IS REALLY TOUGH. IF I COULD GET IT EXPUNGED OFF MY RECORD, WOULDN'T HAVE TO WORRY ABOUT ME EVER GETTING ANOTHER ONE. I PUT MY FAITH IN GOD AND I KNOW THAT HE WILL WORK THIS OUT FOR ME. IF YOU COULD GIVE ME ANY ADVICE TOWARDS GETTING IT EXPUNGED OR HOW LONG IT HAS TO STAY ON YOUR RECORD IN S.C.    THANK YOU SO MUCH FOR YOUR TIME AND CONSIDERATION

Answer
Mr. White,

Thanks for the question.

In South Carolina, it will take a General Sessions Court Judge to sign off on a Expungment Order to get your record clear.

If you have only this on your record, go speak to an attorney about the expungement.

The attorney will have to create some paper work and have an order signed by the judge, and then it will be sent to any law enforcement agency or criminal justice agency that has any information on you to expunge it.

God luck and best wishes!