Current Status Bill Number:226 Ratification Number:56 Act Number:37 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970121 Primary Sponsor:Bryan All Sponsors:Bryan Drafted Document Number:res1219.jeb Date Bill Passed both Bodies:19970513 Date of Last Amendment:19970506 Governor's Action:S Date of Governor's Action:19970521 Subject:Criminal records, expungement of; Crimes and Offenses, Courts
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19970604 Act No. A37 ------ 19970521 Signed by Governor ------ 19970515 Ratified R56 Senate 19970513 Concurred in House amendment, enrolled for ratification House 19970507 Read third time, returned to Senate with amendment House 19970506 Request for debate withdrawn by Representative Scott House 19970506 Read second time House 19970506 Request for debate by Representative Kirsh Simrill Scott House 19970506 Amended House 19970501 Debate adjourned until Tuesday, 19970506 House 19970430 Debate adjourned until Thursday, 19970501 House 19970429 Debate adjourned until Wednesday, 19970430 House 19970422 Debate adjourned until Tuesday, 19970429 House 19970416 Committee report: Favorable 25 HJ House 19970219 Introduced, read first time, 25 HJ referred to Committee Senate 19970218 Read third time, sent to House Senate 19970213 Read second time Senate 19970213 Committee amendment adopted Senate 19970212 Committee report: Favorable with 11 SJ amendment Senate 19970121 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(A37, R56, S226)
AN ACT TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO INCREASE FROM ONE TO THREE YEARS AFTER WHICH A DEFENDANT MAY HAVE HIS RECORD EXPUNGED, CHANGE FROM MANDATORY TO OPTIONAL THE REQUIREMENT THAT THE CIRCUIT COURT ISSUE AN ORDER EXPUNGING THE RECORD AND PROVIDE THAT A PERSON MAY HAVE HIS RECORD EXPUNGED EVEN THOUGH THE CONVICTION OCCURRED PRIOR TO JUNE 1, 1992.
Be it enacted by the General Assembly of the State of South Carolina:
Expungement of a criminal record
SECTION 1. Section 22-5-910 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after three years 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, to a violation of Title 50 or the regulations promulgated 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 three-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court may issue an order expunging the records. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992.
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 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."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 21st day of May, 1997.