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TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF RECORDS WHEN A PERSON IS CHARGED WITH A CRIMINAL OFFENSE, BUT THE CHARGE IS DISCHARGED OR PROCEEDINGS ARE DISMISSED OR THE PERSON IS FOUND INNOCENT, SO AS TO REQUIRE THAT THE SOLICITOR OF THE CIRCUIT IN WHICH THE CHARGES WERE BROUGHT SHALL NOTIFY THE MUNICIPAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCIES AND COURTS TO DESTROY RECORDS OF THE CHARGE, TO PROVIDE THAT NO ACTION IS REQUIRED BY THE PERSON CHARGED, AND TO FURTHER PROVIDE THAT THE PERSON MUST NOT BE REQUIRED TO PAY A FEE TO HAVE THE RECORDS 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:
"Section 17-1-40. Any person who after being is charged with a criminal offense and such the charge is discharged or proceedings against such the person are dismissed or the person is found to be innocent of such the charge, the arrest and booking record, files, mug shots, and fingerprints of such the person shall must be destroyed and no evidence of such the record pertaining to such the charge shall be retained by any municipal, county, or State state law enforcement agency. When the charge is discharged or proceedings against the person are dismissed or the person is found to be innocent, the solicitor of the circuit in which the charges were brought must notify the agencies and courts that have any records of the charge that the records must be destroyed. No action is required of the person to get his records destroyed, and the person must not be required to pay any fee to have the records destroyed."
SECTION 2. This act takes effect upon approval by the Governor.
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