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Order For Destruction Of Arrest Records SCCA-223 - South Carolina
| Order For Destruction Of Arrest Records Form. This is a South Carolina form and can be used in Court Of General Sessions Statewide . |
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STATE OF SOUTH CAROLINA ) IN THE COURT OF GENERAL SESSIONS COUNTY OF _____________________ ) ORDER FOR DESTRUCTION OF ARREST RECORDS ) THE STATE OF ) Race _______ Sex _______ Age _______ SOUTH CAROLINA, ) ) DOB ________________ SSN _______________________ vs. ) ) _________________________________ ) Charges were disposed of in the court indicated below: Defendant ) ) ( ) Magistrate ( ) Municipal ( ) General Sessions _________________________________ ) AKA IT APPEARS that the defendant is entitled to have all recordlatins re g to this offense expunged and destroyed according to thappe licable section of the South Carolina Code of Laws indicated below: Warrant/GS No._____________________Date of Arrest_________________ Place of Arrest _______________________________ County, S.C. Arrest Charge_______________________________________________________________________________________________________ [ ] 17-1-40. The charge was dismissed, nol prossed or the defendant was found not guilty on_________________. [ ] 17-22-150(a). The charge was dismissed on _________________ by the Solicitor because the defendan successfullyt completed the Pre-Trial Intervention Program. (PTI Director must attest to eligibility for expungement). [ ] 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 34-11-90(e) has taken place in one year from date of conviction. [ ] 44-53-450(b). The defendant was charged with first offense simple possession of marijuana or hashish on_________, ______received a conditional discharge and has successfully complied with the terms as set forth by the court. [ ] 22-5-910. The defendant was convicted of a firsoffense int a magistrate ormunicipal court on ___ ____________, that offense did not involve the exceptions enumerated in 22-5-910, and no additional criminal conviction as defined by 22-5-910 has taken place within three years from date of conviction. (Summary Court Judge must attest to eligibili).ty [ ] 22-5-920. The defendant was convicted of a first offense as a youthful offender on __________________, that offense didot inv n olve the exceptions enumerated in 22-5-920, and no additional criminal conviction as defined by 22-5-920 has taken place during a fifteen- y peareriod following the first offense conviction as a youthful offender. [ ] 56-5-750(F). The defendant was convicted of sdemeanor fira mist offense failure to stop motor vehicle on ________________ and no additional criminal conviction has takenplace for three years aftercompletio n of the sentence. IT IS ORDERED that all records relating to such arrest ad snubsequent discharge pursuant to the above-referenced secte dismion b issed, expunged and immediately destroyed and that no evidence of such records pertaining to such charge shall be retained bciy anypal, co muntuniy or state agency except nonpublic information retained on each person accepter dPre-Trial Interve fo ntion pursuant to 17-22-130, nonpublic information retained by SC Law Enforcement Division (SLED) pursuant to 34-11-90(e), nonpublic information retained by tartmhe Dent of epNarcotic and Dangerous Drugs Under SLED pursuant to 44-53-450, nonpublic information retained by SLED pursuant to 22and -5-910 22-5-920, and nonpublic information retained by SLED and Department of Public Safety pursuant to 56-5-750 (F). Acknowledged: __________________________________________ Signed this ____________ day of ___________________ Circuit Solicitor I attest that defendant was accepted into the PTI program based on ______________________________________________ Solicitors determination that defendant is eligible for expungement Circuit Court Judge under Code 17-22-150(a) (successul cf ompletion of PTI) or Code 22-5-910 (summary court conviction). On Motion of: ___________________________________________________ ______________________________________________ Director Pre-Trial Intervention / Summary Court Judge (circle one) De fe ndant / Attorney for Defendant (Circle One) EXPUNGEMENT ORDERS SHOULD NOT BE FORWARDED TO S.C. COURT ADMINISTRATION (SCCA): (1) for magistrate or municipal court convictions/dispositions, because SCCA does not retain information which identifies defendants by name or SSN for these charges; or (2) for GS convictions/dispositions because dispons itiodata (including expungements) is sent to SCCA electrony, anicall d expungements are automatically entered into SCCA records. SCCA 223 (7/2003)
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