Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 22-5-910 of the 1976 Code, as last amended by Act 36 of 2009, is further amended to read:
(A) Following a first offense
conviction for a crime carrying a penalty of not more than
thirty days imprisonment or a fine of
hundred one thousand dollars, or both, the
defendant after three years from the date of the conviction,
including a conviction in magistrates or general sessions
court, 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
(1) an offense involving the operation of a motor vehicle;
(2) a violation of Title 50 or the regulations promulgated pursuant to Title 50 for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses are authorized; or
(3) an offense contained in Chapter 25, Title 16, except first offense criminal domestic violence as contained in Section 16-25-20, which may be expunged five years from the date of the conviction.
(B) If the defendant has had no other conviction during the three-year period, or during the five-year period as provided in subsection (A)(3), following the first offense conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of not more than
five hundred one thousand
dollars, or both, including a conviction in magistrates or
general sessions 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,
(C) 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
pursuant to 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.
(D) As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail." /
Renumber sections to conform.
Amend title to conform.