Updated August 2, 2026 · Reviewed by Jessie R. DeShon, Attorney
South Carolina now has a limited expungement process for some older unlawful handgun-possession convictions. A separate 2026 amendment addresses certain qualifying charges that were still pending. Another, older expungement statute may apply in some cases. These are different legal paths, and the details of the charge and a person’s full record matter.
How South Carolina’s handgun-carry law changed
South Carolina’s 2021 Open Carry With Training Act expanded open carry for people with concealed-weapon permits. The 2024 Constitutional Carry/Second Amendment Preservation Act, effective March 7, 2024, made a broader change by allowing many people who may lawfully possess a handgun to carry it without a permit.
The 2024 law did not make every form of handgun possession or carrying legal. Current South Carolina Code § 16-23-20 still restricts carrying in specified places, and other state and federal firearm laws continue to apply.
1. Applying under § 17-1-65(A) for an older conviction
South Carolina Code § 17-1-65(A) allows a person to apply to expunge one conviction for unlawful possession of a handgun under the version of § 16-23-20 in effect before the 2024 act, if the conviction occurred before March 7, 2024.
The statute says one conviction; it does not say that only the person’s first conviction may qualify. An application under this special provision must be made within five years after the provision took effect. That makes the application deadline March 7, 2029.
The conviction date, statute listed on the disposition, prior record, and other case details should be reviewed before assuming that this route applies.
2. Dismissal and expungement of certain pending charges under § 17-1-65(B)
A 2026 amendment to § 17-1-65 created a different rule for certain unlawful handgun-possession charges based on conduct before March 7, 2024 that were still pending when the amendment took effect on January 14, 2026.
Under subsection (B), the State must dismiss qualifying pending charges under the prior § 16-23-20. If the handgun charge was filed with another criminal offense arising from the same facts, immediate dismissal is not required. After the associated offense is resolved, the prior § 16-23-20 charge must be dismissed and expunged, provided the person has not previously received an expungement under subsection (A). The statute also says the dismissal cannot serve as a basis for a civil action arising from the arrest.
This pending-charge rule is separate from the application process and March 7, 2029 deadline for older convictions under subsection (A).
3. The separate expungement route under § 22-5-910
South Carolina Code § 22-5-910 is a separate expungement statute. It may cover a first offense for unlawful possession of a firearm or weapon carrying a maximum penalty of one year in prison, a $1,000 fine, or both. The statute generally permits an application after three years from the conviction, subject to its requirements concerning later convictions, pending charges, prior expungements, and other limits.
Section 22-5-910 is not the same as the special process in § 17-1-65. A person who may not fit one route could still ask a lawyer to evaluate whether another route applies.
What to gather before requesting a review
Helpful records include the arrest warrant or ticket, sentencing sheet or final disposition, the conviction or charge date, the statute number, and information about any related or later charges. A South Carolina criminal-history report may also help identify issues that are not clear from a single court record.
How DeShon Wyse can help
We can review the conviction or charge date, statute, disposition, prior record, associated offenses, and application deadline and explain whether § 17-1-65 or § 22-5-910 may apply. Court procedures and outcomes depend on the facts and the applicable law.
Contact DeShon Wyse to request a consultation.
Legal-information disclaimer: This article provides general information about South Carolina law and is not legal advice. Reading it or contacting the firm does not create an attorney-client relationship. Laws and procedures can change, and an individual matter requires review of its specific facts and records.