S*0554(Rat #0458, Act #0395 of 1992)  General Bill, By T.H. Pope
 A Bill to amend Chapter 5, Title 22, Code of Laws of South Carolina, 1976,
 relating to magistrate's powers and duties in criminal matters, by adding
 Article 11 so as to provide that a person convicted of a first offense in
 magistrate's court or municipal court may have his criminal record for this
 offense expunged under certain conditions; to provide exceptions; to provide
 procedures for keeping nonpublic records and to provide that these records may
 not be released under the Freedom of Information Act.-amended title

   01/29/91  Senate Introduced and read first time SJ-11
   01/29/91  Senate Referred to Committee on Judiciary SJ-11
   04/17/91  Senate Committee report: Favorable with amendment
                     Judiciary SJ-11
   04/23/91  Senate Amended SJ-245
   04/23/91  Senate Read second time SJ-245
   04/23/91  Senate Ordered to third reading with notice of
                     amendments SJ-245
   01/15/92  Senate Amended SJ-193
   01/15/92  Senate Read third time and sent to House SJ-193
   01/16/92  House  Introduced and read first time HJ-13
   01/16/92  House  Referred to Committee on Judiciary HJ-13
   02/26/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-37
   03/05/92  House  Amended HJ-28
   03/05/92  House  Read second time HJ-29
   03/17/92  House  Read third time and returned to Senate with
                     amendments HJ-20
   03/24/92  Senate House amendment amended SJ-7
   03/24/92  Senate Returned to House with amendments SJ-8
   03/26/92  House  Debate adjourned on Senate amendments until
                     Tuesday, March 31, 1992 HJ-44
   04/01/92  House  Non-concurrence in Senate amendment HJ-22
   04/09/92  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Pope, Bryan, and
                     Russell SJ-2
   04/14/92  House  Conference committee appointed Baxley, Beatty &
                     Rudnic HJ-3
   05/05/92  Senate Conference report received and adopted SJ-4
   05/12/92  House  Conference report received and adopted HJ-6
   05/12/92  House  Ordered enrolled for ratification HJ-8
   05/27/92         Ratified R 458
   06/01/92         Signed By Governor
   06/01/92         Effective date 06/01/92
   06/01/92         Act No. 395
   06/29/92         Copies available

AN ACT TO AMEND CHAPTER 5, TITLE 22, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATE'S POWERS AND DUTIES IN CRIMINAL MATTERS, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A FIRST OFFENSE IN MAGISTRATE'S COURT OR MUNICIPAL COURT MAY HAVE HIS CRIMINAL RECORD FOR THIS OFFENSE EXPUNGED UNDER CERTAIN CONDITIONS; TO PROVIDE EXCEPTIONS; TO PROVIDE PROCEDURES FOR KEEPING NONPUBLIC RECORDS AND TO PROVIDE THAT THESE RECORDS MAY NOT BE RELEASED UNDER THE FREEDOM OF INFORMATION ACT.

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

Expungement and recordkeeping procedures; exemptions; and exception to Freedom of Information Act

SECTION 1. Title 22, Chapter 5 of the 1976 Code is amended by adding:

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 an offense involving the operation of a motor vehicle or to a violation of Title 50 or the regulations promulgated thereunder for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized. If the defendant has had no other conviction during the one-year period following the first offense conviction 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."

Time effective

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

Approved the 1st day of June, 1992.