(a) In the event an offender successfully completes a pretrial intervention program, the solicitor shall effect a noncriminal disposition of the charge or charges pending against the offender. Upon such disposition, the offender may apply to the court for an order to destroy all official records relating to his arrest and no evidence of the records pertaining to the charge may be retained by any municipal, county, or state entity or any individual, except as otherwise provided in Section 17-22-130. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest. No person as to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest in response to any inquiry made of him for any purpose.
(b) In the event the offender violates the conditions of the program agreement: (1) the solicitor may terminate the offender's participation in the program, (2) the waiver executed pursuant to Section 17-22-90 shall be void on the date the offender is removed from the program for the violation and (3) the prosecution of pending criminal charges against the offender shall be resumed by the solicitor.
HISTORY: 1980 Act No. 360, Section 16; 1982 Act No. 421, Section 6; 1992 Act No. 453, Section 11; 1992 Act No. 499, Section 12.
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.