State law now provides for the expungement of criminal records in both the circuit and summary courts. §§ 17-22-950 requires that the summary courts expunge the records of criminal cases disposed in those courts when an accused person is found not guilty or the charges are dismissed, or nolle prossed.
However, there are exceptions to this rule. The charges are not eligible for expungement if:
The charge is not eligible for expungement if the charge was dismissed at a preliminary hearing, or
The accused person has charges pending in summary court and the court of general sessions and such charges arise out of the same course of event.
The statute requires that no fee may be charged by the summary court for the expungements pursuant to §§ 17-22-950. Please be advised that charges pursuant to those statutes are the only allowance for expungements to be conducted by summary court judges. All other expungements are processed through the Solicitor's Office and signed by a circuit court judge.
If you would like to see if your charge qualifies for expungement, you may come to the court and fill out a request.