(A) A person who is eligible for expungement of his criminal record pursuant to the provisions of Sections 22-5-910, 22-5-920, 34-11-90(e), and 56-5-750(F) may apply to have his record expunged pursuant to the procedures provided in Article 9 if he graduates and successfully completes the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program administered by the South Carolina Army National Guard. Notwithstanding another provision of law, such person may apply for expungement immediately upon graduation and successful completion of the South Carolina Youth Challenge Academy and the South Carolina Jobs Challenge Program.
(B) If the person has had no other conviction during the approximately one-year period as provided in subsection (A), 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.
(C) If the expungement order is granted by the court, the records must be destroyed or retained by any law enforcement agency or municipal, county, or state agency or department pursuant to the provisions of Section 17-1-40.
(D) The effect of the expungement order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose.
(E) 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.
(F) As used in this section, "conviction" includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.
HISTORY: 2018 Act No. 262 (H.3789), Section 2, eff July 2, 2018.
Editor's Note
2018 Act No. 262, Section 1, provides as follows:
"SECTION 1. This act may be cited as the South Carolina Youth Challenge Academy and South Carolina Jobs Challenge Program Expungement Act."
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 22 - Intervention Programs
Section 17-22-10. Short title.
Section 17-22-20. Definitions.
Section 17-22-40. Pretrial intervention coordinator; staff; funding.
Section 17-22-50. Persons not to be considered for intervention.
Section 17-22-60. Standards of eligibility for intervention program.
Section 17-22-70. Information which may be required by solicitor.
Section 17-22-80. Recommendations of victim and law enforcement agency.
Section 17-22-90. Agreements required of offender in program.
Section 17-22-100. Time for application to intervention program.
Section 17-22-110. Fees for application and participation; waiver.
Section 17-22-130. Reports and identification as to offenders accepted for intervention program.
Section 17-22-140. Restitution to victim.
Section 17-22-150. Disposition of charges against offenders accepted for intervention program.
Section 17-22-300. Citation of article.
Section 17-22-320. Eligibility.
Section 17-22-340. Office of Traffic Education Program Coordinator.
Section 17-22-350. Fees; waiver; distribution of fee proceeds.
Section 17-22-360. Annual report.
Section 17-22-500. Citation of article.
Section 17-22-520. Eligibility requirements for consideration for program.
Section 17-22-530. Disposition of alcohol-related offense on completion of program.
Section 17-22-540. Office of Alcohol Education Program Coordinator.
Section 17-22-550. Fees; waiver.
Section 17-22-910. Applications for expungement; administration.
Section 17-22-920. Direction of expungement process inquiries to county solicitor's office.
Section 17-22-930. Obtaining and mandatory use of expungement form.
Section 17-22-960. Expungement; employer immunity.