South Carolina is the latest state to address expungement of criminal convictions.
What does this mean for employers?
When expungement requests become part of normal criminal procedure allowing expungement as a right, they will occur in significant numbers. This means that South Carolina records will become fluid, impacting the requirement that a report is “up-to-date” and accurate.
The Texas expungement law greatly increased expungements resulting in commercial databases unable to keep up with Texas record — we are preparing for similar challenges in SC.
The South Carolina legislation specifically mentions several types of offenses with varying periods of time, without an intervening conviction or pending charges, to permit expungement. These include:
- Offenses punishable with incarceration up to 30 days and/or a fine up to $1,000. Waiting time 3 years.
- Domestic violence in 3rd degree; 5 year wait.
- Youthful offender, 1st offense but not motor vehicle, violent crimes or sex offenders, 5 year wait.
- Simple drug possession, 3 year wait.
- Intent to distribute, 1st offense, 20 year wait.
If you have any questions on how this legislation may affect your business, contact our team for more info.
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