Friday, June 01, 2007
UNIFORM PROCEDURE FOR EXPUNGING CRIMINAL RECORDS
The State reports, "The Senate Judiciary Committee passed a bill [earlier this week] that sets a uniform procedure for expunging criminal records."
Under the proposed legislation, when cases are either dropped, not adjudicated, or result in an acquittal, the solicitors would be required to take the steps necessary to remove those charges from the defendant's record.
Under current law, it is the defendants' responsibility to initiate the expungement process themselves and they are responsible for fulfilling the requirements, including gathering signatures and contacting necessary state agencies. However, under proposed S.110 the county solicitors would be responsible for completing the expungement process.
State Senator Jake Knotts is quoted as saying "If a person is found not guilty or if it's thrown out, it should be taken off their record....It ought to be that agency's responsibility."
The State reports, "The Senate Judiciary Committee passed a bill [earlier this week] that sets a uniform procedure for expunging criminal records."
Under the proposed legislation, when cases are either dropped, not adjudicated, or result in an acquittal, the solicitors would be required to take the steps necessary to remove those charges from the defendant's record.
Under current law, it is the defendants' responsibility to initiate the expungement process themselves and they are responsible for fulfilling the requirements, including gathering signatures and contacting necessary state agencies. However, under proposed S.110 the county solicitors would be responsible for completing the expungement process.
State Senator Jake Knotts is quoted as saying "If a person is found not guilty or if it's thrown out, it should be taken off their record....It ought to be that agency's responsibility."
We not only agree with Senator Knotts, but believe that there should be a uniform method for expunging Civil Contempt Arrest Records as well. Moreover, we think the South Carolina Legislature should at least consider some other suggested reforms.
Labels: Family Court Reform
