PARENT'S RIGHTS NOW!

As the South Carolina Legislature grapples with the issue of creating a Uniform procedure for expunging Criminal Arrest records, it may want to consider the case of Dennis Fassuliotis. Mr. Fassuliotis was held in Contempt in Family Court and incarcerated until paying a disputed amount along with "Court Costs." Thereafter, the Trial Court's ruling was reversed on Appeal and the Family Court was directed to return the "Court Costs." Unfortunately, the Supreme Court's Ruling left Mr. Fassuliotis' finger prints. mug shots, and arrest records in "the system." And despite his continued requests that the Family Court rectify its error, he could obtain no relief. So what did Mr. Fassuliotis do? Why he drafted his own Order and submitted it to the Court. Although his ex-wife's attorney resisted his efforts to clear his name, eventually common sense prevailed and the Honorable Charlie Segars-Andrews executed an Order.

The body of the Order executed in Case No. 2000-DR-10-1085 is as follows:

1. By Order of this Court dated September 18, 2002, Defendant was found to be in Willful Civil Contempt of a prior Order of this Court and sentenced to confinement in the County Jail for a period not to exceed One (1) year. He was allowed to purge himself of Contempt and to obtain his release upon payment of expenses related to the proceeding of Two Hundred & 00/100 ($200) Dollars and payment of Seven Hundred Eight Eighty Seven & 50/100 (787.50) Dollars to apply against arrearages;

2. That as a result of the issuance of the Order of Contempt, Defendant was immediately handcuffed and placed into a holding cell, and transported to the Charleston County Jail where he was fingerprinted, photographed, and confined for a period of approximately four (4) Hours until he was finally allowed to make a telephone call and obtain sufficient funds to purge himself;

3. That by Order of the Supreme Court dated May 18, 2005, the Trial Judge’s Ruling was reversed and the Charleston County Clerk of Court Family Court was ordered to return the $200 court cost to Defendant.

4. That Defendant is entitled to have his arrest records destroyed.

5. That this Court does not have the authority to cause transcripts of records or court files to be redacted.

NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

1. This Court has jurisdiction of the parties hereto and the subject matter hereof;

2. All arrest records relating to Defendant’s civil contempt charge of September 18, 2002 shall be immediately destroyed;

3. The Clerk of Court for Charleston County shall cause a certified copy of this Order to be served upon the Charleston County Jail, the South Carolina Law Enforcement Division and any other agencies that have copies of Defendant’s arrest records including, but not related to fingerprints and “mug shots.”