Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/ Section __. Section 22-5-920(B) of the 1976 Code, as last amended by Act 273 of 2010, is further amended to read:
"(B)(1)
Following a first offense conviction as a youthful
offender for which a defendant is sentenced pursuant to the
provisions of chapter 19, Title 24, Youthful Offender Act, the
defendant, after five years from the date of completion of
his the defendant's sentence, including
probation and parole, may apply, or cause someone acting on
his the defendant's behalf to apply, to
the circuit court for an order expunging the records of the
arrest and conviction.
(2)
However, this section does not apply to:
(a)
an offense involving the operation of a motor
vehicle,;
(b)
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, to an offense classified as a
violent crime in Section 16-1-60,;
or (c)
to an offense contained in
Chapter 25, Title 16, except as otherwise provided in Section
16-25-30.
(3)
If the defendant has had no other conviction during
the five-year period following completion of
his the defendant's sentence, including
probation and parole, for a first offense conviction as a
youthful offender for which the defendant was sentenced pursuant
to the provisions of Chapter 19, Title 24, Youthful Offender
Act, the circuit court may issue an order expunging the records.
No person may have his the person's
records expunged under this section more than once. A person may
have his the person's record expunged
even though the conviction occurred before the effective date of
this section. A person eligible for a sentence pursuant to the
provisions of Chapter 19, Title 24, Youthful Offender Act, and
who is not sentenced pursuant to those provisions, is not
eligible to have his the person's record
expunged pursuant to the provisions of this section."
/
Renumber sections to conform.
Amend title to conform.