S 428 — Fraudulent Check Expungement

2025-2026 Bill 428 Text of Previous Version (Apr.(Mar.

30,06, 2025) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 428Indicates Matter StrickenIndicates New Matter(Text matches printed bills.

Document has been reformatted to meet World Wide Web specifications.) Indicates  Matter  Stricken  Indicates  New  Matter    Committee  ReportA Aprilbill 30,  2025TO  AMEND S.THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION FOR OFFENSES INVOLVING CHECKS AND PENALTIES, SO AS TO PROVIDE A METHOD TO EXPUNGE CONVICTIONS;

428   Introduced by Senators Allen and Hembree   S.

Printed 4/30/25--S.

Read the first time March 6, 2025   ________   The committee on Senate Judiciary To whom was referred a Bill (S.

428) to amend the South Carolina Code of Laws by amending Section 34-11-90, relating to jurisdiction for offenses involving checks and penalties, so as to provide a method, etc., respectfully Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

      Amend the bill, as and if amended, SECTION 1, by striking Section 34-11-90(f) and inserting:

    (f) notwithstanding another provision of law, if a defendant receives multiple convictions within a three-year period of time in magistrates court for a violation of this section, the defendant may, after ten years from the date of the last conviction, apply or cause someone acting on his behalf to apply, to the court for an order expunging the records of arrest and the multiple convictions.

This provision does not apply to any crime classified as a felony.

If the defendant receives no other convictions, pursuant to this section, during the ten-year period following the last conviction under this section and full restitution has been made on all checks that are the subject of the convictions, the court must issue an order expunging the records.

No person may take advantage of the rights permitted by this subsection more than once.

Neither the application for nor  The successful expungement of a qualifying applicant's record as authorized by subsection (e) precludes application for and expungement of a qualifying applicant's record under this subsection.

After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once.

This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once.

Renumber sections to conform.

Amend title to conform.

LUKE RANKIN for Committee.

  _______                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION FOR OFFENSES INVOLVING CHECKS AND PENALTIES, SO AS TO PROVIDE A METHOD TO EXPUNGE CONVICTIONS;

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