Order Of Destruction Of Arrest Records (General Sessions) {SCCA223A1}

SCCA 223A1 (Revised 1/19) Page 1 of 2 STATE OF SOUTH CAROLINA ) IN THE COURT OF GENERAL SESSIONS COUNTY OF ) ) ORDER FOR DESTRUCTION OF ARREST RECORDS THE STATE OF SOUTH CAROLINA ) ) Race Sex Age v. ) D OB SSN ) ) SID # ) Defendant ) Charges were disposed of in the court indicated below: ) ) Magistrate Municipal General Sessions AKA ) IT APPEARS that the defendant is entitled to have all records, including any outstanding associated bench warrants, relating to this offense expunged and destroyed or sealed according to the applicable section of the South Carolina Code of Laws indicated below: Warrant/GS No. Date of Arrest Place of Arrest County, S.C. Arrest Charge 247 17 - 1 - 40. The charge was dismissed, nol le prossed , or the defendant was found not guilty on . 247 22 - 5 - 910. The defendant was convicted of an offense in magistrate, municipal or general s essions court for a crime carrying a penalty of not more than 30 days imprisonment or a fine of $1,000 , o r both, on , that offense did not involve an offense involving the operation of a motor vehicle , and no additional crim inal conviction as defined by 247 22 - 5 - 910 has taken place within three years from date of conviction or five years from the date of conviction for first offense criminal domestic violence (conduct occurring prior to June 4, 2015) or third degree domestic violence under 247 16 - 25 - 20 . ( Summary court judge m ust attest to eligibility if disposed of in that c ourt . ) 247 22 - 5 - 920. The defendant was convicted of a first offense as a youthful offender on , that offense did not involve th e exceptions enumerated in 247 22 - 5 - 920, and no additional criminal conviction as defined by 24722 - 5 - 920 has taken place during a five - year period following completion of his sentence, including probation and parole as a youthful offender. The sentence was com pleted on . 247 22 - 5 - 9 3 0 (A) . The defendant was convicted of a first offense simple possession of a controlled substance under Article 3, Chapter 53, Title 44 or unlawful possession of a prescription drug under Section 40 - 43 - 86 (EE) on and no additional convictions, to include out - of - state convictions, have taken place during a three - year period following completion of his sentence, including probation and parole. The sentence was completed on . 247 22 - 5 - 9 3 0 (B) . The defendant was convicted of a first offense possession with intent to distribute a controlled substance under Article 3, Chapter 53, Title 44 on and no additional convictions, to include out - of - state convictions, have taken place during a twenty - year period following completion of his sentence, including probation and parole. The sentence was completed on . 247 34 - 11 - 90(e). The defendant was convicted of a first offense misdemeanor under the fraudulent check law on and no additional criminal conviction as defined by 24734 - 11 - 90(e) has taken place in one year from date of conviction. 247 44 - 53 - 450( B ) . The defendant , who has not previously been convicted of any offense under Article 3, Chapter 53, Title 44 or any offense under any state or federal statute relating to marijuana, stimulant, depressant, or hallucinogenic drugs, successfully completed all terms of and received a conditional discharge of possession of a controlled substance under Section 44 - 53 - 370(c) and (d), or Section 44 - 53 - 375(A) . 247 56 - 5 - 750(F). The defendant was convicted of a misdemeanor first offense failure to stop motor vehicle on and no add itional criminal conviction has taken place for three years after completion of the sentence. The sentence was completed on . SLED verifies the offense listed above is eligible for expungement: Yes No SLED Date IT IS ORDERED that all records relating to such arrest and subsequent discharge, including associated bench warrants, pursuant to the above-referenced section be expunged and destroyed and that no evidence of such records pertaining to such charge shall be retained by any municipal, county or state agency except as follows: (1) arrest and booking record, associated bench warrants, mug shots and fingerprints of the defendant shall be retained under seal pursuant to 247 17-1-40, by law enforcement, detention, correctional and prosecution agencies for three years and one hundred twenty days, and law enforcement and prosecution agencies may retain the information indefinitely under seal for purposes set forth in 247 17-1-40 (B)(1)(a) and (b); under 247 17-1-40 (C)(1), this order does not require the destruction of evidence gathered, unredacted incident and supplemental reports, and investigative files, which statutorily shall be retained under seal for three years and one hundred twenty days, and may be retained indefinitely under seal for purposes set forth in 247 17-1-40 (C)(1); and information retained under seal by law enforcement, detention, correctional and prosecution agencies pursuant to 247 17-1-40 is not a public information and is exempt from disclosure, except by court order; (2) probation records retained by S.C. Department of Probation, Pardon, and Parole Services pursuant to 247 17-1-40 (B)(3) whose charges were dismissed by conditional discharge pursuant to 247 44-53-450; (3) nonpublic information retained by S.C. Law Enforcement Division (SLED) pursuant to 247 22-5-910, 247 22-5-920, 247 34-11-90(e), and 24744-53-450; and (4) nonpublic information retained by SLED and S.C. Department of Public Safety/Department of Motor Vehicles pursuant to 247 56-5-750(F), as well as any nonpublic records retained by S.C. Commission on Prosecution Coordination as required by law. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 2 SCCA 223A1 (Revised 1/19) S.C. Bar No.: Name of Defense Counsel (if represented) To be completed by Summary Court Judge if charge disposed of in that court : I ATTEST that the defendant is eligible for expungement pursuant to 247 22 - 5 - 910, 247 34 - 11 - 90(e), or 247 44 - 53 - 450( B ) . I CERTIFY (check one): The defendant was fingerprinted and the summary court has coordinated with SLED and confirmed the criminal cha rge is statutorily appropriate for expungement. The defendant was not fingerprinted and the summary court has coordinated with the arresting law enforcement agency and confi rmed that no fingerprints were taken from the defendant for this charge. Summary Court Judge Printed/Typed Name: Signed this day of , 20 To be completed by Solicitor: Solicitor: Consents Declines to Consent Determined ineligible for expungement T he charge covered by this order was not dismissed or nolle prossed because of successful completion of the Pre - Trial Intervention Program, Traffic Education Program, Alcohol Education Program, or any other statu The charge covered by this order can legally be expunged. Circuit Solicitor Printed/Typed Name: Signed this day of , 20 IT IS SO ORDERED. , Circuit Court Judge Judge Code Signed this day of , 20 For SLED internal use only: Expunged by SLED by: Date: American LegalNet, Inc. www.FormsWorkFlow.com