1. (A) Applications for expungement of all criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to:

   1. (1) Section 34-11-90(e), first offense misdemeanor fraudulent check;
   2. (2) Section 44-53-450(b), conditional discharge;
   3. (3) Section 22-5-910, first offense conviction in magistrates court;
   4. (4) Section 22-5-920, youthful offender act;
   5. (5) Section 56-5-750(f), first offense failure to stop when signaled by a law enforcement vehicle;
   6. (6) Section 17-22-150(a), pretrial intervention;
   7. (7) Section 17-1-40, criminal records destruction, except as provided in Section 17-22-950;
   8. (8) Section 63-19-2050, juvenile expungements;
   9. (9) Section 17-22-530(A), alcohol education program;
   10. (10) Section 17-22-330(A), traffic education program; and
   11. (11) any other statutory authorization.
2. (B) A person's eligibility for expungement of an offense contained in this section, or authorized by any other provision of law, must be based on the offense that the person pled guilty to or was convicted of committing and not on an offense for which the person may have been charged.

HISTORY: 2009 Act No. 36, Section 2, eff June 2, 2009; 2014 Act No. 276 (H.4560), Section 3, eff June 9, 2014; 2015 Act No. 22 (S.133), Section 1, eff June 1, 2015.

Effect of Amendment

2014 Act No. 276, Section 3, in paragraph (2), deleted "for simple possession of marijuana or hashish"; added paragraph (10), relating to Section 17-22-330; and redesignated former paragraph (10) as (11).

2015 Act No. 22, Section 1, designated (A); in (A)(8), substituted "63-19-2050" for "20-7-8525"; in (A)(9), substituted "17-22-530(A)" for "17-22-530(a)"; and added (B).