South Carolina General Assembly
112th Session, 1997-1998

Bill 226


                    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

History


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House   19970506  Request for debate withdrawn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 Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(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.