Current Status Introducing Body:
SenateBill Number: 554Ratification Number: 458Act Number: 395Primary Sponsor: PopeType of Legislation: GBSubject: Criminal record, expungment ofDate Bill Passed both Bodies: May 12, 1992Computer Document Number: BR1/1151.ACGovernor's Action: SDate of Governor's Action: Jun 01, 1992Introduced Date: Jan 29, 1991Date of Last Amendment: May 12, 1992Last History Body: ------Last History Date: Jun 01, 1992Last History Type: Act No. 395Scope of Legislation: StatewideAll Sponsors: PopeType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 554 ------ Jun 01, 1992 Act No. 395 554 ------ Jun 01, 1992 Signed by Governor 554 ------ May 27, 1992 Ratified R 458 554 House May 12, 1992 Conference Committee Report 98 received, adopted, enrolled for ratification 554 Senate May 05, 1992 Conference Committee Report 98 adopted 554 House Apr 14, 1992 Appointed Reps. to the 98 Committee of Conference 554 Senate Apr 09, 1992 Conference powers granted, 98 appointed Senators to Committee of Conference 554 Senate Apr 09, 1992 Insists upon amendment 554 House Apr 01, 1992 Non-concurrence in Senate amendment 554 House Mar 26, 1992 Debate adjourned on Senate amendments until Tuesday, March 31, 1992 554 Senate Mar 24, 1992 House amendments amended, returned to House 554 House Mar 17, 1992 Read third time, returned with amendment 554 House Mar 05, 1992 Amended, read second time 554 House Feb 26, 1992 Committee Report: Favorable 25 with amendment 554 House Jan 16, 1992 Introduced, read first time, 25 referred to Committee 554 Senate Jan 15, 1992 Amended, read third time, sent to House 554 Senate Apr 23, 1991 Amended, read second time, ordered to third reading with notice of general amendments 554 Senate Apr 17, 1991 Committee Report: Favorable 11 with amendment 554 Senate Jan 29, 1991 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
(A395, R458, S554)
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."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 1st day of June, 1992.