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Current Status Bill Number:View additional legislative information at the LPITS web site.5269 Ratification Number:480 Act Number:1 of 2003 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20020514 Primary Sponsor:Jennings All Sponsors:Jennings Drafted Document Number:l:\council\bills\pt\1985dw02.doc Date Bill Passed both Bodies:20020604 Governor's Action:S Date of Governor's Action:20021121 Subject:Expungement of arrest and youthful offender conviction, defendant may apply to circuit court for after fifteen years History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20030203 Act No. A1 of 2003 ------ 20021121 Signed by Governor ------ 20020606 Ratified R480 Senate 20020604 Read third time, enrolled for ratification Senate 20020530 Read second time, notice of general amendments Senate 20020529 Unanimous consent for second reading with notice of general amendments on the next Legislative day Senate 20020529 Recalled from Committee, 11 SJ placed on the Calendar Senate 20020529 Introduced, read first time, 11 SJ referred to Committee House 20020529 Read third time, sent to Senate House 20020528 Read second time House 20020522 Committee report: Favorable 25 HJ House 20020514 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on May 22, 2002 - Word format Revised on May 29, 2002 - Word format
(A1, R480, H5269 of 2002)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-920 SO AS TO AUTHORIZE A DEFENDANT AFTER FIFTEEN YEARS OF A CONVICTION AS A YOUTHFUL OFFENDER TO APPLY TO THE CIRCUIT COURT FOR AN ORDER EXPUNGING THE ARREST AND CONVICTION OF THE DEFENDANT.
Be it enacted by the General Assembly of the State of South Carolina:
Expungement of record
SECTION 1. The 1976 Code is amended by adding:
"Section 22-5-920. (A) As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.
(B) Following a first offense conviction as a youthful offender, the defendant after fifteen 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, to an offense classified as a violent crime in Section 16-1-60, or to an offense contained in Chapter 25 of Title 16, except as otherwise provided in Section 16-25-30. If the defendant has had no other conviction during the fifteen-year period following the first offense conviction as a youthful offender, 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 before the effective date of this section.
(C) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or another provision of law, except to those authorized law enforcement or court officials who need this information in order to prevent the rights afforded by this section from being taken advantage of more than once."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 6th day of June, 2002.
Approved the 21st day of November, 2002.
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