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. the 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.

Expungement Instructions

1. Obtain a certified copy of disposition and Order of Expungement application from the Town of Hilton Head Island Municipal Court.
2. Obtain the approvals and signatures of all applicable parties required.
3. File the original signed Order of Expungement with the Beaufort County Clerk of Court Office along with a $35.00 filing fee.
4. Obtain certified copies of the Order of Expungement from the Beaufort County Clerk of Court Office.
5. 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.)