S*0226(Rat #0056, Act #0037 of 1997)  General Bill, By Bryan
 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 INCREASE FROM ONE
 TO THREE YEARS AFTER WHICH A DEFENDANT MAY HAVE HIS RECORD EXPUNGED, CHANGE
 FROM MANDATORY TO OPTIONAL THE REQUIREMENT THAT THE CIRCUIT COURT ISSUE AN
 ORDER EXPUNGING THE RECORD AND PROVIDE THAT A PERSON MAY HAVE HIS RECORD
 EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO JUNE 1, 1992.-AMENDED
 TITLE

   01/21/97  Senate Introduced and read first time SJ-19
   01/21/97  Senate Referred to Committee on Judiciary SJ-19
   02/12/97  Senate Committee report: Favorable with amendment
                     Judiciary SJ-12
   02/13/97  Senate Amended SJ-15
   02/13/97  Senate Read second time SJ-15
   02/18/97  Senate Read third time and sent to House SJ-10
   02/19/97  House  Introduced and read first time HJ-6
   02/19/97  House  Referred to Committee on Judiciary HJ-7
   04/16/97  House  Committee report: Favorable Judiciary HJ-5
   04/22/97  House  Debate adjourned until Tuesday, April 29, 1997 HJ-21
   04/29/97  House  Debate adjourned until Wednesday, April 30, 1997 HJ-9
   04/30/97  House  Debate adjourned until Thursday, May 1, 1997 HJ-32
   05/01/97  House  Debate adjourned until Tuesday, May 6, 1997 HJ-21
   05/06/97  House  Amended HJ-17
   05/06/97  House  Requests for debate-Rep(s). Kirsh, Simrill &
                     Scott HJ-17
   05/06/97  House  Read second time HJ-17
   05/06/97  House  Requests for debate removed-Rep(s). Scott HJ-30
   05/07/97  House  Read third time and returned to Senate with
                     amendments HJ-39
   05/13/97  Senate Concurred in House amendment and enrolled SJ-18
   05/15/97         Ratified R 56
   05/21/97         Signed By Governor
   05/21/97         Effective date 05/21/97
   06/03/97         Copies available
   06/03/97         Act No. 37

AN ACT TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO INCREASE FROM ONE TO THREE YEARS AFTER WHICH A DEFENDANT MAY HAVE HIS RECORD EXPUNGED, CHANGE FROM MANDATORY TO OPTIONAL THE REQUIREMENT THAT THE CIRCUIT COURT ISSUE AN ORDER EXPUNGING THE RECORD AND PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO JUNE 1, 1992.

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

Expungement of a criminal record

SECTION 1. Section 22-5-910 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after three 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, or to an offense contained in Chapter 25 of Title 16. If the defendant has had no other conviction during the three-year period following the first offense conviction in a magistrate's court or a municipal court, 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 prior to June 1, 1992.

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 21st day of May, 1997.