Bill Text: SC H4442 | 2015-2016 | 121st General Assembly | Introduced

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Bill Title: Expungement of a misdemeanor offenses

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-01-12 - Referred to Committee on Judiciary [H4442 Detail]

Download: South_Carolina-2015-H4442-Introduced.html

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A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-22-935 SO AS TO PROVIDE THAT ALL MISDEMEANOR OFFENSES MAY BE EXPUNGED AND TO ESTABLISH THE CIRCUMSTANCES UNDER WHICH THE EXPUNGEMENT MAY OCCUR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 9, Chapter 22, Title 17 of the 1976 Code is amended by adding:

"Section 17-22-935.    (A)    Notwithstanding another provision of law, in addition to those offenses enumerated in Section 17-22-910 and as otherwise provided by law, a conviction for a misdemeanor offense may be expunged pursuant to the provisions of this article upon application to the appropriate solicitor's office when:

(1)    the person has completed his sentence, including probation and parole, and six months have elapsed since completing his sentence during which the offender was not convicted, plead guilty, or plead nolo contendere to any other offense;

(2)    no charges are currently pending against the person; and

(3)    the person does not have an existing or pending driver's license suspension.

(B)    The appropriate solicitor's office receiving an application for expungement of a misdemeanor offense pursuant to this article must ensure the expungement is complete no later than ten business days from the date of application."

SECTION    2.    This act takes effect upon approval by the Governor.