South Carolina General Assembly
108th Session, 1989-1990

Bill 4691

                    Current Status

Bill Number:               4691
Ratification Number:       750
Act Number                 609
Introducing Body:          House
Subject:                   Nonpublic record of the offense
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A609, R750, H4691)

AN ACT TO AMEND SECTION 34-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF AND PENALTIES FOR FRAUDULENT CHECK CASES, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO KEEP A NONPUBLIC RECORD OF THE OFFENSE AND THE DATE WHICH IS EXPUNGED TO ENSURE THAT NO PERSON TAKES ADVANTAGE OF THE RIGHT OF EXPUNGEMENT PERMITTED BY THIS SECTION MORE THAN ONCE.

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

Nonpublic record of the offense

SECTION 1. Section 34-11-90(e) of the 1976 Code is amended to read:

"(e) After a conviction under this section on a first offense, the defendant may, after one year from the date of the conviction, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the defendant has had no other conviction during the one-year period following the conviction under this section, the court shall issue an order expunging the records. No person has any rights 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 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 to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 25th day of June, 1990.