S. 428 expands South Carolina’s expungement laws for certain check-fraud offenses and creates a new process for destroying arrest records in mistaken-identity cases. Under the bill, a person with multiple misdemeanor convictions for drawing or uttering fraudulent checks or bank drafts within a three-year period may apply for expungement after ten years have passed since the last conviction, so long as no other convictions occurred during that ten-year period and full restitution has been paid. The bill also preserves the existing first-offense expungement option and makes clear that a person may use the new multiple-offense expungement only once.
The bill further adds a new section requiring law enforcement or prosecution agencies to destroy arrest records when an investigation shows a person was arrested because of mistaken identity, generally within 180 days, at no cost to the arrestee. Those agencies must keep certain records under seal for at least three years and 120 days, with limited authority to retain them longer for investigative, administrative, or litigation purposes. SLED must keep a nonpublic record of expunged check-fraud offenses and the expungement date so the same person cannot use the new expungement pathway more than once.
Impact
The bill amends Section 34-11-90 to authorize expungement of multiple misdemeanor check-fraud convictions, amends Section 17-22-910 to add those offenses to the list of expungement-eligible offenses, and adds Section 17-1-43 to require destruction of mistaken-identity arrest records under specified conditions. It changes the duties of solicitors’ offices, SLED, and law enforcement/prosecution agencies by adding recordkeeping, sealing, and destruction requirements, while also creating a nonpublic SLED record to prevent repeat use of the new expungement provision. The fiscal note indicates no expected expenditure impact for state judicial or prosecution agencies and no local expenditure impact, though fee revenue could increase if more expungement applications are filed.
Sentiment
The overall sentiment appears favorable. The House Judiciary Committee recommended the bill do pass, the Senate passed it on second reading unanimously, and the House later passed it by a wide margin. That voting pattern suggests broad bipartisan support for expanding relief for eligible defendants and for correcting mistaken-identity arrests.
Contention
The main policy issues are the scope of expungement relief and the administrative handling of records. Supporters appear to favor giving people with older, fully restituted misdemeanor check-fraud convictions a second chance and ensuring that mistaken-identity arrests do not leave lasting records. Potential concerns are limited to the need for SLED and local agencies to maintain sealed/nonpublic records, verify eligibility, and manage expungement requests, but the fiscal note says agencies expect to absorb those duties without added spending. The bill also balances relief with safeguards by limiting the new expungement to one use and preserving sealed records for law-enforcement and litigation purposes.