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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that expungement provisions apply retroactively to certain offenses, and allows for the eligibility for expungement of repealed offenses when the elements of the offense are consistent with existing similar offenses that are eligible for expungement.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text

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Municipal Association of South Carolina
1411 Gervais St., PO Box 12109, Columbia, SC 29211
Phone: 803.799.9574, Fax: 803.933.1299, mail@masc.sc