South Carolina legislation · 126th General Assembly
South Carolina S428: Fraudulent Check Expungement
Status: Vetoed, July 1, 2026
What the bill says
To amend the south carolina code of laws by amending section 34-11-90, relating to jurisdiction for offenses involving checks and penalties, so as to provide a method to expunge convictions; by amending section 17-22-910, relating to applications for expungement, so as to add multiple misdemeanor offenses of check fraud to those offenses eligible for expungement; and by adding section 17-1-43 so as to require the destruction of arrest records of persons made as a result of mistaken identity under certain circumstances. b e it enacted by the general assembly of the state of south carolin.
From the amended text, May 6, 2026:
A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION FOR OFFENSES INVOLVING CHECKS AND PENALTIES, SO AS TO PROVIDE A METHOD TO EXPUNGE CONVICTIONS; BY AMENDING SECTION 17-22-910, RELATING TO APPLICATIONS FOR EXPUNGEMENT, SO AS TO ADD MULTIPLE MISDEMEANOR OFFENSES OF CHECK FRAUD TO THOSE OFFENSES ELIGIBLE FOR EXPUNGEMENT; AND BY ADDING SECTION 17-1-43 SO AS TO REQUIRE THE DESTRUCTION OF ARREST RECORDS OF PERSONS MADE AS A RESULT OF MISTAKEN IDENTITY UNDER CERTAIN CIRCUMSTANCES. B e it enacted by the General Assembly of the State of South Carolina: S ECTION 1. S ection 34-11-90 of the S.C. Code is amended by adding: ( f) notwithstanding another provision of law, if a defendant receives multiple convictions within a three-year period of time in magistrates court for a violation of this section, the defendant may, after ten years from the date of the last conviction, apply or cause someone acting on his behalf to apply, to the court for an order expunging the records of arrest and the multiple convictions. This provision does not apply to any crime classified as a felony. If the defendant receives no other convictions during the ten-year period following the last conviction under this section and full restitution has been made on all checks that are the subject …
Sponsors
- Karl Allen (D, 7) · primary sponsor