The bill S. 5 aims to amend the South Carolina Code of Laws by adding a new section, 23-3-42, which stipulates that the South Carolina Law Enforcement Division is prohibited from including unadjudicated arrests in records released during criminal history background checks. This change is intended to protect individuals who have not been convicted of a crime from having unproven allegations affect their background checks.

The bill will take effect upon approval by the Governor, reinforcing the principle that individuals should not be penalized for arrests that have not resulted in a conviction. This legislative action reflects a growing trend to ensure fair treatment in the context of criminal history evaluations.

Statutes affected:
12/11/2024: 23-3-42
Latest Version: 23-3-42