Bill Text: SC H4490 | 2015-2016 | 121st General Assembly | Introduced

---

Bill Title: Applications for expungement of criminal records

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-12 - Referred to Committee on Judiciary [H4490 Detail]

Download: South_Carolina-2015-H4490-Introduced.html

---

---

A BILL

TO AMEND SECTION 17-22-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN OFFENSES, SO AS TO CLARIFY THAT EXPUNGEMENT PROVISIONS APPLY RETROACTIVELY TO THE OFFENSES DELINEATED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 17-22-910 of the 1976 Code, as last amended by Act 22 of 2015, is further amended to read:

"Section 17-22-910.    (A)    Applications for expungement of all criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to:

(1)    Section 34-11-90(e), first offense misdemeanor fraudulent check;

(2)    Section 44-53-450(b), conditional discharge;

(3)    Section 22-5-910, first offense conviction in magistrates court;

(4)    Section 22-5-920, youthful offender act;

(5)    Section 56-5-750(f), first offense failure to stop when signaled by a law enforcement vehicle;

(6)    Section 17-22-150(a), pretrial intervention;

(7)    Section 17-1-40, criminal records destruction, except as provided in Section 17-22-950;

(8)    Section 63-19-2050, juvenile expungements;

(9)    Section 17-22-530(A), alcohol education program;

(10)    Section 17-22-330(A), traffic education program; and

(11)    any other statutory authorization.

(B)    A person's eligibility for expungement of an offense contained in this section, or authorized by any other provision of law, must be based on the offense that the person pled guilty to or was convicted of committing and not on an offense for which the person may have been charged. The provisions of this section apply retroactively to allow expungement as provided by law for each offense delineated in subsection (A) by persons convicted prior to the enactment of this section or the addition of a specific item contained in subsection (A)."

SECTION    2.    This act takes effect upon approval by the Governor.