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3602Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990224Primary Sponsor: D. SmithAll Sponsors: D. SmithDrafted Document Number: l:\council\bills\bbm\9022som99.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Criminal records, destroying of when pardoned of conviction; Courts, Crimes and Offenses, Probation, Parole, PardonHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990224 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORD OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED, DISMISSED, OR WHO HAS BEEN FOUND INNOCENT, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN PARDONED OF A CONVICTION MUST HAVE HIS CRIMINAL RECORD DESTROYED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-1-40 of the 1976 Code is amended to read:
Any A person, who after being charged with a criminal offense and such the charge is discharged or proceedings against such the person are dismissed or who is found to be innocent of such the charge or pardoned of a conviction, must have the his arrest and booking record, files, mug shots, and fingerprints of such person shall be destroyed and no evidence of such the record pertaining to such the charge or conviction shall be retained by any municipal, county, or state law enforcement agency."
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