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H 3209 - Changes the eligibility for expungement for certain offenses

Tracking Level: Passed
Sponsor: Thomas Pope (R)
Last Action: 7/12/2018 - Act No. 254
House Committee: Judy
Senate Committee: Judy
Assigned To:
ExpungementNext Bill

Staff Analysis of the Legislation
05.02.2017 The Senate Judiciary Committee gave this bill a favorable report.
04.27.2017 A Senate Judiciary subcommittee gave this bill a favorable report.
03.28.2017 The House Judiciary Committee gave this bill a favorable report as amended. The amendment protects entities from lawsuits who hire individuals that have past convictions that have been expunged. The amendment also only makes the bill applicable prospectively.
03.28.2017 The House Judiciary Criminal Laws subcommittee gave this bill a favorable report as amended. The amendment adds language allowing multiple convictions with a connection to be expunged as one rather than being limited to only the first offense. The amendment also adds language that applies current conditional discharge language to older drug charges that were committed prior to the conditional discharge becoming legally available. It also allows someone receiving a pardon for a nonviolent conviction to receive an expungement three years later.
Summary of the bill as introduced: Clarifies that expungement provisions apply retroactively to certain offenses, and allows for the eligibility for expungement of repealed offenses when the elements of the offense are consistent with existing similar offenses that are eligible for expungement.

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Session 122 - (2017-2018)Printer Friendly
(pdf format)
H*3209 (Rat #0237, Act #0254 of 2018) General Bill, By Pope, Robinson-Simpson, Crosby, Whipper, Brown, Rivers, King, Magnuson, Norrell, Martin, B. Newton, Long, Govan, Henegan, Dillard and Gilliard
Summary: Expungement of criminal records
    AN ACT TO AMEND SECTION 17-22-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN OFFENSES, SO AS TO ADD FIRST OFFENSE SIMPLE POSSESSION OR POSSESSION WITH INTENT TO DISTRIBUTE DRUGS TO THE LIST OF OFFENSES ELIGIBLE FOR EXPUNGEMENT, AND TO PROVIDE FOR ELIGIBILITY FOR EXPUNGEMENT OF OFFENSES SUBSEQUENTLY REPEALED WHEN THE ELEMENTS OF THE OFFENSE ARE CONSISTENT WITH AN EXISTING SIMILAR OFFENSE WHICH IS SUBJECT TO EXPUNGEMENT AND TO CLARIFY THAT EXPUNGEMENT PROVISIONS APPLY RETROACTIVELY TO THE OFFENSES DELINEATED; TO AMEND SECTION 22-5-910, RELATING TO SUMMARY COURT OFFENSES ELIGIBLE FOR EXPUNGEMENT, SO AS TO EXPAND ELIGIBILITY BEYOND FIRST OFFENSES AND CLARIFY THAT EXPUNGEMENT PROVISIONS APPLY RETROACTIVELY; TO AMEND SECTION 22-5-920, RELATING TO EXPUNGEMENT OF PERSONS CONVICTED AS YOUTHFUL OFFENDERS, SO AS TO REDEFINE "CONVICTION" TO EXPAND ELIGIBILITY, TO INCLUDE THAT A PERSON REQUIRED TO REGISTER ON THE SEX OFFENDER REGISTRY IS NOT ELIGIBLE FOR EXPUNGEMENT, AND PROVIDE RETROACTIVE APPLICATION UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 22-5-930 SO AS TO PROVIDE FOR EXPUNGEMENT ELIGIBILITY FOR FIRST OFFENSE CONVICTIONS OF CERTAIN CONTROLLED SUBSTANCE OFFENSES; TO AMEND SECTION 63-19-2050, RELATING TO DESTRUCTION OF RECORDS OF PERSONS ADJUDICATED DELINQUENT, SO AS TO ALLOW FOR EXPUNGEMENT OF ANY NUMBER OF OFFENSES FROM A SINGLE SENTENCING PROCEEDING FOR CLOSELY CONNECTED OFFENSES; TO AMEND SECTION 17-22-940, RELATING TO FEES ASSOCIATED WITH THE EXPUNGEMENT PROCESS, SO AS TO RESTRUCTURE THE FEES PROCESS AND ALLOW FOR THE COLLECTION OF PRIVATE DONATIONS, AND TO MAKE CONFORMING CHANGES; AND BY ADDING SECTION 17-22-960 SO AS TO PROVIDE IMMUNITY FOR EMPLOYERS WHO HIRE PERSONS WHOSE CRIMINAL RECORDS HAVE BEEN EXPUNGED. - ratified title
View full text          View Vote History          View Fiscal Impact
12/15/16House Prefiled
12/15/16House Referred to Committee on Judiciary
01/10/17House Introduced and read first time
01/10/17House Referred to Committee on Judiciary (House Journal-page 112)
01/12/17House Member(s) request name added as sponsor: Robinson-Simpson (House Journal-page 112)
01/18/17House Member(s) request name added as sponsor: Crosby (House Journal-page 112)
03/29/17House Committee report: Favorable with amendment Judiciary (House Journal-page 40)
03/30/17House Member(s) request name added as sponsor: Whipper, Brown, Rivers
04/04/17House Member(s) request name added as sponsor: King, Magnuson, Norrell, Martin, B.Newton, Long
04/04/17House Requests for debate-Rep(s). Caskey, Simrill, JE Smith, West, Pitts, Jefferson, Ott, McCravy, Willis, Atwater, Ryhal, Johnson, Hart, Tallon, Douglas, Clary, Kirby, Brown, VS Moss, King, Hosey (House Journal-page 15)
04/04/17House Debate adjourned until Wed., 4-5-17 (House Journal-page 52)
04/05/17House Member(s) request name added as sponsor: Govan, Henegan, Dillard, Gilliard
04/05/17House Amended (House Journal-page 119)
04/05/17House Read second time (House Journal-page 119)
04/05/17House Roll call Yeas-103 Nays-0 (House Journal-page 138)
04/06/17House Read third time and sent to Senate (House Journal-page 26)
04/06/17 Scrivener's error corrected
04/11/17Senate Introduced and read first time (Senate Journal-page 1)
04/11/17Senate Referred to Committee on Judiciary (Senate Journal-page 1)
04/18/17Senate Referred to Subcommittee: Hutto (ch), Malloy, Shealy, Rice, Timmons
05/03/17Senate Committee report: Favorable Judiciary (Senate Journal-page 13)
05/09/18Senate Amended (Senate Journal-page 46)
05/09/18Senate Read second time (Senate Journal-page 46)
05/10/18Senate Amended (Senate Journal-page 123)
05/10/18Senate Read third time and returned to House with amendments (Senate Journal-page 123)
05/10/18Senate Roll call Ayes-38 Nays-2 (Senate Journal-page 123)
05/10/18 Scrivener's error corrected
05/10/18Senate Reconsider vote whereby read third time and returned with amendments (Senate Journal-page 123)
05/10/18Senate Amended (Senate Journal-page 123)
05/10/18Senate Read third time and returned to House with amendments (Senate Journal-page 123)
05/10/18Senate Roll call Ayes-38 Nays-2 (Senate Journal-page 123)
05/10/18House Senate amendment amended (House Journal-page 93)
05/10/18House Returned to Senate with amendments (House Journal-page 93)
05/10/18House Recalled from Senate (House Journal-page 122)
05/10/18House Reconsidered amendments to Senate amendments (House Journal-page 127)
05/10/18House Concurred in Senate amendment and enrolled (House Journal-page 127)
05/10/18House Roll call Yeas-83 Nays-13 (House Journal-page 128)
05/14/18 Ratified R 237
05/19/18 Vetoed by Governor
06/27/18House Veto overridden by originating body Yeas-108 Nays-1 (House Journal-page 51)
06/27/18Senate Veto overridden Ayes-35 Nays-5
07/05/18 Effective date See Act
07/12/18 Act No. 254


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