Current Status Introducing Body:Senate Bill Number:963 Primary Sponsor:Lander Committee Number:11 Type of Legislation:GB Subject:Criminal records, first offense; expungement of when Residing Body:Senate Current Committee:Judiciary Computer Document Number:963 Introduced Date:19940111 Last History Body:Senate Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Lander Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
963 Senate 19940111 Introduced, read first time, 11
referred to Committee
963 Senate 19931220 Prefiled, referred to 11
Committee
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TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, SO AS TO PROVIDE FOR EXPUNGEMENT OF CRIMINAL RECORDS OF FIRST OFFENSE CONVICTIONS INVOLVING THE OPERATION OF MOTOR VEHICLES AND VIOLATIONS OF TITLE 50.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 22-5-910 of the 1976 Code is amended to read:
"Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after one year from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to for an offense involving the operation of a motor vehicle triable in magistrate's or municipal court, or to for a violation of Title 50 triable in magistrate's or municipal court, or the regulations promulgated thereunder for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, a defendant may apply for an expungement only when all insurance and driving record point assessments resulting from a conviction have lapsed. If the defendant has had no other conviction during the one-year period following the first offense conviction or prior to lapse of the driving record and insurance point assessments period following the first offense conviction of an offense involving a motor vehicle or Title 50 as described herein in a magistrate's court or a municipal court, the circuit court shall issue an order expunging the records. No person may have his records expunged under this section more than one time.
After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
As used in this section, `conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."
SECTION 2. This act takes effect upon approval by the Governor.