Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 6, 2026

 

S. 428

 

Introduced by Senators Allen, Hembree and Garrett

 

S. Printed 5/6/26--H.

Read the first time March 31, 2026

 

________

 

The committee on House Judiciary

To whom was referred a Bill (S. 428) to amend the South Carolina Code of Laws by amending Section 34-11-90, relating to jurisdiction for offenses involving checks and penalties, so as to provide a method, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill allows for the expungement of multiple misdemeanor offenses for the drawing and utterance of fraudulent checks or bank drafts over a three-year period, provided that ten years have elapsed since the date of the defendant's last conviction.  Currently, only the first offense for check or bank draft fraud may be expunged.  Solicitors' offices handle all expungements, except for non-convictions in magistrate or municipal courts.  To ensure defendants only apply for such expungement one time, the State Law Enforcement Division (SLED) must maintain a nonpublic record of the offenses and the date of expungement.

The bill also requires a law enforcement or prosecution agency who has arrested a person as a result of mistaken identity to destroy the associated arrest records at no cost to the arrestee.  While the law enforcement or prosecution agency must maintain the arrest records under seal for a minimum period, they may retain these records indefinitely for certain purposes.

 

Judicial.  Judicial indicates that there are no data to estimate the number of applications for expungement that may be managed by solicitors' offices or magistrate or municipal courts due to this bill.  For information, in FY 2023-24, the total number of overall case dispositions for fraudulent check or bank draft offenses were as follows:

 

Criminal Data Report (CDR) Code Statute Description

Total Dispositions

FY 2023-24

 

 

Judicial will provide support to local jurisdictions for the implementation of this expungement process, including updating forms and offering training as needed.  Judicial anticipates being able to manage these additional responsibilities within the normal course of business.  Therefore, the bill will have no expenditure impact for Judicial.

 

Commission on Prosecution Coordination.  Implementation of this bill may result in an increase in the number of expungements requests handled by the solicitors' offices.  The commission anticipates it can manage any increase in expungement applications using existing staff and appropriations.  As a result, implementation of the bill will have no expenditure impact on the commission.

 

State Revenue

This bill may result in more expungements being handled by solicitors' offices, which may increase the amount of fees collected.  Fees required for an expungement request through the solicitor's office consist of a $250 administrative fee paid to the local solicitor, as well as a $25 fee paid to SLED.  However, as there are no data to estimate the number of expungement requests that may be submitted in FY 2025-26, the amount of General Fund and Other Funds revenue that may be generated as a result of the bill is undetermined.

 

Local Expenditure

RFA surveyed the counties and MASC on behalf of municipalities as to any fiscal impact that may result from passage of the bill. Florence County and MASC both report that the bill will have no impact. Based on these responses, RFA anticipates there will be no local expenditure impact due to this bill.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION FOR OFFENSES INVOLVING CHECKS AND PENALTIES, SO AS TO PROVIDE A METHOD TO EXPUNGE CONVICTIONS; BY AMENDING SECTION 17-22-910, RELATING TO APPLICATIONS FOR EXPUNGEMENT, SO AS TO ADD MULTIPLE MISDEMEANOR OFFENSES OF CHECK FRAUD TO THOSE OFFENSES ELIGIBLE FOR EXPUNGEMENT; AND BY ADDING SECTION 17-1-43 SO AS TO REQUIRE THE DESTRUCTION OF ARREST RECORDS OF PERSONS MADE AS A RESULT OF MISTAKEN IDENTITY UNDER CERTAIN CIRCUMSTANCES.

 

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

 

SECTION 1.  Section 34-11-90 of the S.C. Code is amended by adding:

 

    (f) notwithstanding another provision of law, if a defendant receives multiple convictions within a three-year period of time in magistrates court for a violation of this section, the defendant may, after ten years from the date of the last conviction, apply or cause someone acting on his behalf to apply, to the court for an order expunging the records of arrest and the multiple convictions. This provision does not apply to any crime classified as a felony. If the defendant receives no other convictions during the ten-year period following the last conviction under this section and full restitution has been made on all checks that are the subject of the convictions, the court must issue an order expunging the records. No person may take advantage of the rights permitted by this subsection more than once. Neither the application for nor successful expungement of a qualifying applicant's record as authorized by subsection (e) precludes application for and expungement of a qualifying applicant's record under this subsection. After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection 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 this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once.

 

SECTION 2.  Section 17-22-910(A)(1) of the S.C. Code is amended to read:

 

    (1) Section 34-11-90(e), first offense misdemeanor fraudulent check or Section 34-11-90(f), multiple misdemeanor offenses of fraudulent check;

      

 

SECTION 3.  Chapter 1, Title 17 of the S.C. Code is amended by adding:

 

    Section 17-1-43. (A) Notwithstanding the provisions of Section 17-1-40, no later than one hundred eighty days after an investigation by a law enforcement or prosecution agency reveals that a person was arrested as a result of mistaken identity, the law enforcement or prosecution agency with appropriate jurisdiction shall destroy the arrest records of that person made as a result of mistaken identity. The law enforcement or prosecution agency, as appropriate, shall establish a review process for verifying that a person's arrest records relating to mistaken identity in which no charges were filed have been destroyed as provided in this section. Neither the law enforcement or prosecution agency may charge or collect a fee for the destruction of arrest records pursuant to the provisions of this section.

       (B) Law enforcement and prosecution agencies shall retain the arrest and booking record, associated bench warrants, mug shots, and fingerprints of the person under seal for three years and one hundred twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations and prosecution of the offense, administrative hearings, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document and is exempt from disclosure, except by court order.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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