A new South Carolina law has expanded the state’s expungement laws. The new law will allow expungement of low-level crimes (those with sentences less than 30 days) as long as the individual has been clean for three to 25 years. It will also help expand the scope of this law to cover a range of crimes, including simple possession of drugs, with slacknews intent to distribute. But the governor has been wary of allowing the law to take effect immediately, saying that he is unwilling to wipe out large categories of criminal records or tell employers what they should consider when hiring.
The state’s new expungement law is not a one-size-fits-all solution to the problem of the public’s perception of criminal records. It is vital to know which factival charges are eligible for expungement. There are 11 different categories of expungement. Each category has specific requirements that must be met in order to be considered eligible. If you are unsure whether you qualify for expungement, contact an attorney to help you determine your eligibility.
If you are eligible for expungement, you must first contact the clerk of court or judge’s office of the county in which the Charges seatgurunews were filed. You must have proof of completion of programs to be eligible for expungement. It is important to note that the SC Department of Corrections will not accept SLED CATCH rap sheets or printouts from public indexes as proof of your eligibility.
The South Carolina Human Affairs Commission will provide a sample notice that must be posted in conspicuous locations, and accessible to employees. You should also update your policy documents and employee handbooks to reflect this new law. If you are imetapressnews unsure of whether the new law is right for you, consult an attorney. You will be glad you did! Its South Carolina New Expungement Law
The new SC expungement law also allows more convictions to qualify for expungement. For example, a first offense of possession of marijuana with intent to distribute will be expunged after 20 years, if the defendant has not had other convictions or is currently on probation or parole. Expungement is free for most dismissed charges, but pending cases cannot be expunged for more than five years.
While the new law allows multiple convictions in one sentencing, it does not apply to felony crimes. If the defendant had no prior savetoby convictions, the court will have to issue an order to expunge the record. However, if the person has already had a prior expungement under Section 22-5-910, it is possible to apply again under this law. So, the question is, “Is it worth it?”
In the meantime, if a person was adjudicated a delinquent, he or she can apply for expungement. But to qualify for expungement, the person must be at least eighteen years old. There are a few other requirements to fulfill. The applicant must follow the rules set forth in Section 17-1-40. However, this is still the most convenient way to get an expungement.
