Current Status Bill Number:4252 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950525 Primary Sponsor:Davenport All Sponsors:Davenport Drafted Document Number:DKA\4071CM.95 Companion Bill Number:860 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Criminal records, expungement of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950525 Introduced, read first time, 25 HJ
referred to Committee
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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.