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Being charged with a crime you never meant to commit is frightening, and the worry that one bad afternoon could follow you onto every job application makes it worse.
Pretrial diversion in South Carolina gives many first-time offenders a way out. You complete a program run by the solicitor’s office, the charge is dismissed, and you can apply to have it expunged so it no longer sits on your official record. There’s no trial and no conviction. Because diversion is negotiated with the prosecutor before trial, a dedicated Myrtle Beach criminal defense lawyer can raise it from the very start of the case.
Axelrod & Associates, P.A. defends people across the Grand Strand, including clients whose cases ended in diversion instead of jail. Our attorneys can tell you whether you qualify and what it takes to clear the charge once you finish.
Key Takeaways
- Pretrial intervention (PTI) is South Carolina’s main diversion program, and finishing it ends in a noncriminal disposition, which means the charge is dismissed with no conviction.
- Most first-time offenders charged with nonviolent crimes can be considered, but DUI charges, crimes of violence and anyone who has done PTI before are shut out.
- In Horry and Georgetown counties, PTI costs $350, includes 60 hours of community service, and runs 4 to 12 months.
- After the dismissal, you can apply to expunge the charge through the solicitor’s office, which in the Fifteenth Circuit lists a $285 fee.
- Expungement clears official records, but it can’t pull news stories or third-party background sites off the internet.
Axelrod & Associates reviews diversion eligibility in a free consultation, and getting that review before your first court date keeps the most options open.
What Is Pretrial Diversion in South Carolina?
Pretrial diversion lets you complete a set of requirements instead of going to trial, and when you’re done, the charge is dismissed. South Carolina’s main version is pretrial intervention, run by each judicial circuit’s solicitor’s office under state law.
The program swaps prosecution for accountability you can point to, like community service, classes and restitution, and you finish without a conviction on your criminal record. Solicitors also run narrower diversion programs, including the Alcohol Education Program and the Traffic Education Program for minor offenses. Which one fits depends on the charge, so the first thing to pin down is whether you’re eligible at all.
Who Qualifies for Pretrial Intervention in South Carolina
Most adults facing a first, nonviolent charge can be considered for pretrial intervention, but S.C. Code § 17-22-50 rules out three main groups:
- Anyone who has already been through an intervention program
- People charged with DUI or driving with an unlawful alcohol concentration
- People charged with a crime of violence, as state law defines it
Blackmail, traffic tickets punishable only by a fine or points, and certain fish and game offenses are off the table too. The Fifteenth Circuit’s PTI program adds its own screen. You must be at least 18, have no significant prior record, and pose no threat to the community. Meeting those rules gets you considered, and the solicitor still makes the final call, which is where a pretrial diversion attorney’s early input carries the most weight.
Case Result: Carolina Forest Wildfire Charges Resolved With No Plea and No Jail
In October 2025, a Carolina Forest mother of two accused of starting a 2,059-acre wildfire reached a deal that kept her out of jail and gave her a path to a clean record.
On March 1, 2025, she burned yard debris in a backyard fire pit near a tree line. The fire got away from her and kept spreading, and on March 2 residents of about seven Carolina Forest neighborhoods were ordered to evacuate, WMBF reported. The South Carolina Forestry Commission charged her days later. News reports listed the charges as regulation of fires on certain lands, first offense, and negligently allowing a fire to spread to another’s land, and the Forestry Commission said she had no water source or garden tools on hand to control the burn.
The coverage didn’t let up. She told reporters she was afraid to go home for a few days. Her attorney, Jonny McCoy, maintained that she was falsely accused, and with trial set to begin that week, our attorneys reached an agreement with prosecutors. According to WRDW, there’s no plea, and the charges will be expunged once she completes training or community service.
Every case turns on its own facts, and past results don’t guarantee a similar outcome. Still, a charge that made headlines for months ended without a conviction because the defense kept pressing for a resolution that fit what happened.
If you’re facing charges after an accident that got out of hand, Axelrod & Associates can tell you in a free consultation whether diversion is realistic for your case.
What the Horry County PTI Program Requires
Pretrial intervention in Horry and Georgetown counties comes with a fixed set of obligations, and missing one can send the case back to court.
How you get referred
A solicitor, a magistrate or a municipal judge refers you to the program. If your case is in summary court, meaning magistrate or municipal court, you can refer yourself before your scheduled court date. Cases in General Sessions, where more serious charges are heard, need the solicitor’s referral.
What you’ll have to do
Expect to report to PTI as directed, complete 60 hours of community service for a nonprofit, and pay restitution if anyone lost money because of the offense. Staying off illegal drugs is a condition too, and some participants are sent to drug or alcohol education, life-skills groups or anger management on top of the basics.
Cost and timeline
The Fifteenth Circuit charges $350, which matches the cap state law puts on PTI fees. The program runs 4 to 12 months, depending on your goals, and when you finish, the solicitor, the court, the arresting agency and the State Law Enforcement Division (SLED) are all told to dismiss the charges. Dismissal closes the case, but your record needs one more step.
When Charges Can Be Expunged After Pretrial Diversion
You can apply to expunge a charge once you complete pretrial intervention and the charge is dismissed. Under S.C. Code § 17-22-150, finishing PTI leads to a noncriminal disposition, and you can then ask the court to destroy the official records of the arrest, which restores you, in the eyes of the law, to where you stood before it.
In Horry and Georgetown counties, the solicitor’s office handles expungements out of the judicial centers in Conway and Georgetown, and the PTI office lists the fee at $285. If your case went through the Alcohol Education or Traffic Education program instead, the charge is dismissed when you finish, but expungement still isn’t automatic and you’ll have to file the application you’re given. Expungement is optional, which catches people off guard. Skip it and the dismissed arrest still shows up for anyone who pulls your record, so file the application soon after you finish.
What Expungement Can’t Erase
Expungement clears records held by the courts, the police and SLED. It doesn’t touch the news. The Horry County Solicitor’s Office says it can’t remove media reports, private databases or internet content, and for anyone whose arrest made the evening news, that gap stays open. A pretrial diversion attorney can send the expungement order to the outlets that covered the arrest and ask them to update the story.
Axelrod & Associates handles diversion and expungement across the Grand Strand, and a free consultation is the quickest way to find out whether your charge qualifies.
Frequently Asked Questions
Do I have to tell employers about a charge that was expunged after PTI?
In most cases, no. State law says that once the expungement order is entered, you can’t be held guilty of perjury for leaving the arrest off when you’re asked about it. Some licensing boards and federal applications follow their own rules, so read the exact wording on any form before you answer.
What if I can’t afford the PTI fee?
You may not have to pay it. State law lets the solicitor waive PTI fees for people who can’t afford them, and it says no one can be denied services for inability to pay. Ask about a waiver when you apply and bring proof of income.
What happens if I don’t finish pretrial intervention?
Your case goes back to the regular court process. In the Fifteenth Circuit, an unsuccessful participant’s PTI file is closed and the court is notified, and prosecution picks up from there. If you’re falling behind on hours or payments, call your case manager and your lawyer before a deadline passes, not after.
Can I complete PTI if I don’t live near Horry County?
Usually, yes. The Fifteenth Circuit lets participants who live outside the circuit complete their requirements where they live and check in by phone, mail or email, with a case manager helping find local resources. That matters in Myrtle Beach, where plenty of charges involve visitors, so tell the program early where you’ll be.
Axelrod & Associates, P.A.: Your Myrtle Beach Criminal Defense Law Firm
A charge that grew out of an accident or one bad call can feel like it defines you, and it doesn’t have to. Diversion exists for people in exactly that spot. The part most people miss is timing, because summary court cases can only be self-referred to PTI before the first court date, and waiting can close that door. We look at eligibility from the first conversation, push for diversion when the facts support it, and file the expungement once the dismissal comes through (so your record matches the outcome). Contact our firm today and tell us where your case stands.
