(3) an offense contained in Chapter 25, Title 16, except first offense criminal domestic violence as contained in Section 162520, which may be expunged five years from the date of the conviction. (B) If the defendant has had no other conviction during the threeyear period, or during the fiveyear period as provided in subsection (A)(3), following the first offense conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of not more than one thousand dollars, or both, including a conviction in magistrates or general sessions court, the circuit court may issue an order expunging the records including any associated bench warrant. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992. (C) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 341195, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once. (D) As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.” SECTION 3. Section 17-22-910 of the 1976 Code is amended to read: 17-22-910. Applications for expungement of all “Section criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to: (1) Section 341190(e), first offense misdemeanor fraudulent check; (2) Section 4453450(b), conditional discharge for simple possession of marijuana or hashish; (3) Section 225910, first offense conviction in magistrates court; (4) Section 225920, youthful offender act; (5) Section 565750(f), first offense failure to stop when signaled by a law enforcement vehicle; (6) Section 1722150(a), pretrial intervention;
(3) an offense contained in Chapter 25, Title 16, except first offense criminal domestic violence as contained in Section 162520, which may be expunged five years from the date of the conviction. (B) If the defendant has had no other conviction during the threeyear period, or during the fiveyear period as provided in subsection (A)(3), following the first offense conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of not more than one thousand dollars, or both, including a conviction in magistrates or general sessions court, the circuit court may issue an order expunging the records including any associated bench warrant. No person may have his records expunged under this section more than once. A person may have his record expunged even though the conviction occurred prior to June 1, 1992. (C) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 341195, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once. (D) As used in this section, 'conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail.” SECTION 3. Section 17-22-910 of the 1976 Code is amended to read: “Section 17-22-910. Applications for expungement of all criminal records must be administered by the solicitor's office in each circuit in the State as authorized pursuant to: (1) Section 341190(e), first offense misdemeanor fraudulent check; (2) Section 4453450(b), conditional discharge for simple possession of marijuana or hashish; (3) Section 225910, first offense conviction in magistrates court; (4) Section 225920, youthful offender act; (5) Section 565750(f), first offense failure to stop when signaled by a law enforcement vehicle; (6) Section 1722150(a), pretrial intervention;
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