H*5269(Rat #0480, Act #0001 of 2003)  General Bill, By Jennings
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS
 A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE
 ARREST AND CONVICTION OF THE DEFENDANT.

   05/14/02  House  Introduced and read first time HJ-76
   05/14/02  House  Referred to Committee on Judiciary HJ-76
   05/22/02  House  Committee report: Favorable Judiciary HJ-3
   05/28/02  House  Read second time HJ-17
   05/29/02  House  Read third time and sent to Senate HJ-8
   05/29/02  Senate Introduced and read first time SJ-14
   05/29/02  Senate Referred to Committee on Judiciary SJ-14
   05/29/02  Senate Recalled from Committee on Judiciary SJ-14
   05/29/02  Senate Unanimous consent for second reading on next
                     legislative day SJ-14
   05/30/02  Senate Read second time SJ-8
   05/30/02  Senate Ordered to third reading with notice of amendments SJ-8
   06/04/02  Senate Read third time and enrolled SJ-35
   06/06/02         Ratified R 480
   11/21/02         Signed By Governor
   12/12/02         Effective date 11/21/02
   12/12/02         Copies available
   02/03/03         Act No. 1

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.

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

Expungement of record

SECTION 1. The 1976 Code is amended by adding:

"Section 22-5-920. (A) As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.

(B) Following a first offense conviction as a youthful offender, the defendant after fifteen years 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 an offense involving the operation of a motor vehicle, to a violation of Title 50 or the regulations promulgated under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen-year period following the first offense conviction as a youthful offender, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred before the effective date of this section.

(C) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once."

Time effective

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

Ratified the 6th day of June, 2002.

Approved the 21st day of November, 2002.