Senate Judiciary Committee Amendment
H 3890 - Session 125 (2023-2024)
Youthful offenders, eligibility

The Committee on Judiciary proposes the following amendment (SJ-3890.SW0002S):

Amend the bill, as and if amended, SECTION 1, by striking Section 22-5-920(B)(1) and inserting:

(1) Following a first offense conviction as a youthful offender for which a defendant is sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the defendant, who has not been convicted of any offense, including an out-of-state offense, but not including a conviction for driving under suspension, while serving the youthful offender sentence, including probation and parole, and for a period of five years from the date of completion of the defendant's sentence, including probation and parole, may apply, or cause someone acting on the defendant's behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction.

Amend the bill further, SECTION 1, by striking Section 22-5-920(B)(2)(a) and inserting:

  (a) an offense involving the operation of a motor vehicle; 

Amend the bill further, SECTION 1, by striking Section 22-5-920(B)(3) and inserting:

 (3) If the defendant has had no other conviction, to include out-of-state convictions,  but to not include a conviction for driving under suspension, during the service of the youthful offender sentence, including probation and parole, and during the five-year period following completion of the defendant's sentence, including probation and parole, for a first offense conviction as a youthful offender for which the defendant was sentenced pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, the circuit court may issue an order expunging the records. No person may have the person's records expunged under this section more than once. A person may have the person's record expunged even though the conviction occurred before the effective date of this section. A person eligible for a sentence pursuant to the provisions of Chapter 19, Title 24, Youthful Offender Act, and who is not sentenced pursuant to those provisions, is not eligible to have the person's record expunged pursuant to the provisions of this section; however, a person who was convicted prior to June 2, 2010, and was a youthful offender as that term is defined in Section 24-19-10(d) is eligible to have his record expunged pursuant to the provisions of this section.