The bill S. 428 aims to amend the South Carolina Code of Laws to provide a clearer process for the expungement of convictions related to fraudulent checks. Specifically, it introduces a new provision in Section 34-11-90 that allows defendants with multiple misdemeanor convictions for check fraud within a three-year period to apply for expungement after ten years, provided they have no further convictions and have made full restitution. Additionally, it amends Section 17-22-910 to include these multiple misdemeanor offenses as eligible for expungement. The bill also establishes a nonpublic record requirement to prevent individuals from abusing the expungement rights more than once.

Furthermore, the bill adds Section 17-1-43, which mandates the destruction of arrest records for individuals arrested due to mistaken identity within 180 days of such determination. Law enforcement agencies are required to retain certain records under seal for a specified period while ensuring that no fees are charged for the destruction of these records. This section aims to protect individuals wrongfully arrested and streamline the process for clearing their records. The bill will take effect upon the Governor's approval.

Statutes affected:
03/06/2025: 34-11-90, 17-22-910, 17-1-43
Latest Version: 34-11-90, 17-22-910, 17-1-43