H 4252 Session 111 (1995-1996)
H 4252 General Bill, By Davenport
Similar(S 860)
A Bill to amend Section 22-5-910, as amended, Code of Laws of South Carolina,
1976, relating to expungement of criminal records, so as to revise the
offenses whose records may be expunged and to allow the expungement of records
of certain criminal offenses heard in the circuit court.
05/25/95 House Introduced and read first time HJ-3
05/25/95 House Referred to Committee on Judiciary HJ-3
A BILL
TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO
REVISE THE OFFENSES WHOSE RECORDS MAY BE
EXPUNGED AND TO ALLOW THE EXPUNGEMENT OF
RECORDS OF CERTAIN CRIMINAL OFFENSES HEARD IN
THE CIRCUIT COURT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 22-5-910 of the 1976 Code, as added by
Act 395 of 1992, is amended to read:
"Section 22-5-910. Following a first offense conviction in
a magistrate's court, or a municipal court,
or circuit court for a misdemeanor not contained in Section
16-1-100(A) or (B) at the time an application under this provision
is filed, 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, or circuit court, the circuit
court shall issue an order expunging the records. No
A person may not 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 a
person takes does not take 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 another 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.
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