Current Status Bill Number:622 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950308 Primary Sponsor:Hayes All Sponsors:Hayes and Waldrep Drafted Document Number:DKA\3764CM.95 Companion Bill Number:3652 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Criminal records, expungement of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950308 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.
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 Section 1, 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, 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 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 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 once.
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 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.