1. (A) Following a first offense conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of one thousand dollars, or both, the defendant after three years from the date of the conviction, including a conviction in magistrates or general sessions court, 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 and any associated bench warrant. However, this section does not apply to an offense involving the operation of a motor vehicle.
2. (B) Following a first offense conviction for domestic violence in the third degree pursuant to Section 16-25-20(D), the defendant after five years from the date of the conviction, including a conviction in magistrates or general sessions court, 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 and any associated bench warrant.
3. (C) If the defendant has had no other conviction during the three-year period as provided in subsection (A), or during the five-year period as provided in subsection (B), the circuit court may issue an order expunging the records including any associated bench warrant. 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 prior to June 1, 1992.
4. (D) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
5. (E) As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.

HISTORY: 1992 Act No. 395, Section 1; 1995 Act No. 83, Section 22; 1997 Act No. 37, Section 1; 2003 Act No. 92, Section 6; 2005 Act No. 166, Section 13; 2009 Act No. 36, Section 5, eff June 2, 2009; 2013 Act No. 75, Section 1, eff June 13, 2013; 2014 Act No. 276 (H.4560), Section 2, eff June 9, 2014; 2015 Act No. 58 (S.3), Pt VI, Section 25, eff June 4, 2015; 2016 Act No. 132 (S.255), Section 4, eff May 16, 2016.

Editor's Note

2016 Act No. 132, Section 6, provides as follows:

"SECTION 6. This act takes effect ninety days after approval by the Governor. This act applies retroactively to allow for the expungement of offenses charged, discharged, dismissed, or nolle prossed prior to the effective date of this act, and persons convicted or found not guilty prior to the effective date of this act."

Effect of Amendment

The 2009 amendment, in subsections (A) and (B), in the respective first sentences substituted "for a crime carrying a penalty of not more than thirty days imprisonment or a fine of five hundred dollars, or both," for "in a magistrates court or a municipal court,".

The 2013 amendment, in subsection (A), substituted "one thousand dollars, or both, the defendant after three years from the date of the conviction, including a conviction in magistrates or general sessions court" for "five hundred dollars, or both, the defendant after three years from the date of the conviction"; in subsection (B), substituted "one thousand dollars, or both, including a conviction in magistrates or general sessions court" for "five hundred dollars, or both"; and in subsection (C), substituted "pursuant to" for "under".

2014 Act No. 276, Section 2, in subsection (A), inserted "and any associated bench warrant"; and in subsection (B), inserted "including any associated bench warrant".

2015 Act No. 58, Section 25, in (A), substituted "this subsection" for "this section", and deleted former (A)(3), relating to offenses contained in Chapter 25, Title 16 except criminal domestic violence; added new (B); redesignated former (B) through (D) accordingly; and rewrote (C).

2016 Act No. 132, Section 4, in (A), incorporated text from former (1) into the last sentence, and deleted former (2), relating to a violation of Title 50.