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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 Criminal Magistrates Court Charleston Local County . |
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COUNTY OF CHARLESTON ) ORDER FOR DESTRUCTION OF ARREST RECORDS ) THE STATE OF SOUTH CAROLINA ) Race _______ Sex ______ Age ____ ) vs. ) DOB _______ SSN __________________ ) _______________________________) Charges were disposed of in the court indicated below: Defendant ) _______________________________) ( ) Magistrate ( ) Municipal ( ) General Sessions AKA ) IT APPEARS that the defendant is entitled to have allrecor ds relating to this offense expunged and destroyedaccording 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 ______________________________________________________________________________ 17-1-40. The above charge was dismissed, nol-prossed or the defendant was found niltyot o gnu __________. 17-22-150(a). The above charge was dismissed on________ b y the solicitor because the defendanccest su sfully completed the Pre-Trial Intervention Program. (PDTI irector must attest toe ligibility 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 conitiod nal discharge and has sccuessfully complied with terms set forth by the court. 22-5-910. The defendant was convicted of a first offense in a magistrate or municipal court on __________, that offense did not involve the exceptioennsume rated 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 eligibility). 56-5-750(F). The defendant was convicted of a misdemeanor first offense failure to stop motor vehicle on _________, and no additional criminal conviction has taken place for three years after completion of the sentence. IT IS SO ORDERED that all records relating to such arrest and subsequent discharge pursuant to the abovereferenced section be dismissed, expunged and immediatesltyr deoyed and that no evidence of such records pertainingto such charge shall be retained by any municipal, county or state agency (except nonpublic information retained oneach person accepted for Pre-Trial Intervention pursuan17-22-130,t to nonpublic information retained by SC LawEnforcement Division (SLED) pursuant to 34-11-90(e), nonpublic information retained by the Department of Narcoticand Dangerous Drugs under SLED pursuant to 44-53-450, nonpublic information retained by the SLED pursuant to22-5-910 and nonpublic information retained by SLED and Department of Public Safety pursuant to 56-5-750).I Consent: ___________________________________ Signed this _____ day of ________, ______Circuit Solicitor I attest that defendant was accepted into the PTI program based on ____________________________________Solicitors determination that the facts of the offense supported that Circuit Court Judgeacceptance and that defendant is eligible fxpungeor ement under Code 17-22-150(a) (successful completion of PTI) or Code 22- On Motion of: 5-910 (summary court conviction) _________________________________________ ____________________________________Director, Pre-Trial Intervention/Summary Court Judge (circle one) Defendant/Attorney for Defendant (circle one)EXPUNGEMENT ORDERS SHOULD NOT BE FORWARDED TO S.C. COURT ADMINISTRATION (SCCA): (1) for magistrate or municipal courtconvictions/dispositions because SCCA does not retain information which identifies defendants by name or SSN for these charges; or (2) for GSconvictions/dispositions because disposition data (including expungement is sent to SCCA electronically, and expungement are automaticadll iny entto ereSCCA records. SCCA/223 (5/99)
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