Current Status Bill Number:3964 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970410 Primary Sponsor:D. Smith All Sponsors:D. Smith Drafted Document Number:kgh\15095cm.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Criminal records, destroying of when person pardoned of conviction; Courts, Crimes and Offenses
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970410 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORD OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED, DISMISSED, OR WHO HAS BEEN FOUND INNOCENT, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN PARDONED OF A CONVICTION MUST HAVE HIS CRIMINAL RECORD DESTROYED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-1-40 of the 1976 Code is amended to read:
"Section 17-1-40. Any A person who after being charged with a criminal offense and such the charge is discharged or proceedings against such the person are dismissed or who is found to be innocent of such the charge or pardoned of a conviction must have the his arrest and booking record, files, mug shots, and fingerprints of such person shall be destroyed and no evidence of such the record pertaining to such the charge or conviction shall be retained by any municipal, county, or state law enforcement agency."
SECTION 2. This act takes effect upon approval by the Governor.