The bill H. 4090 proposes to amend the South Carolina Code of Laws by adding Section 22-5-940, which allows for the conditional discharge of one magistrate's level offense with the consent of both the accused and the prosecutor. Under this provision, if a person pleads guilty or is found guilty of a magistrate's level offense, the court can defer further proceedings and place the individual on probation without entering a judgment of guilt. If the individual fulfills the terms of probation, the court will discharge them and dismiss the proceedings without a conviction record, although a nonpublic record will be maintained by the South Carolina Law Enforcement Division for future reference. Importantly, this option is not available for individuals charged with driving under the influence.

Additionally, the bill stipulates that individuals who have their proceedings dismissed can apply to have all records related to their arrest and trial expunged, effectively restoring their legal status prior to the incident. A fee of $150 is required for this process, which may be waived for indigent individuals. The revenue from this fee will be allocated to the Prosecution Coordination Commission for distribution among the judicial circuits based on population. The act will take effect upon the Governor's approval.

Statutes affected:
02/25/2025: 22-5-940
Latest Version: 22-5-940