Order For Destruction Of Arrest Records Diversion Disposition (General Sessions) {SCCA223B1}

SCCA 223B1 (Revised 5/16) STATE OF SOUTH CAROLINA IN THE COURT OF GENERAL SESSIONS COUNTY OF ORDER FOR DESTRUCTION OF ARREST RECORDS Diversion Disposition THE STATE OF SOUTH CAROLINA Race Sex Age vs. DOB SSN SID # Defendant Charges were disposed of in the court indicated below: Magistrate Municipal General Sessions AKA 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 17-22-150(a). The charge was nolle prossed on by the Solicitor because the defendant successfully completed the Pre-Trial Intervention Program. (PTI Director must attest to eligibility for expungement). 247 17-22-330(A). The charge was nolle prossed on by the Solicitor because the defendant successfully completed the Traffic Education Program. (TEP Director must attest to eligibility for expungement). 247 17-22-530(A). The charge was nolle prossed on by the Solicitor because the defendant successfully completed the Alcohol Education Program Program. (AEP Director must attest to eligibility for expungement). 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 24717-1-40, 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 24717-1-40 (B)(1)(a) and (b); under 24717-1-40 (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 24717-1-40 (C)(1); and information retained under seal by law enforcement, detention, correctional and prosecution agencies pursuant to 24717-1-40 is not a public information and is exempt from disclosure, except by court order; (2) nonpublic information retained on each person accepted for Pre-Trial Intervention pursuant to 247 17-22-130; and (3) nonpublic information retained by SLED and S.C. Department of Public Safety/Department of Motor Vehicles pursuant to 24717-22-330(A) and 24717-22-530(A), as well as any nonpublic records retained by S.C. Commission on Prosecution Coordination as required by law. S.C. Bar No.: Name of Defense Counsel (if represented) To be completed by Solicitor222s Office: The defendant was eligible for intervention under 24717-22-50, and the charge covered by this order was dismissed or nolle prossed because of successful completion of the Pre-Trial Intervention Program, Traffic Education Program, or Alcohol Education Program. The charge covered by this order can legally be expunged. Solicitor: Consents Declines to Consent Determined ineligible for expungement and Circuit Solicitor Date Director PTI /Director TEP/Director AEP (Circle One) 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