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SC S0428

Bill

Status

Introduced

3/6/2025

Primary Sponsor

Karl Allen

Click for details

Origin

Senate

126th General Assembly

AI Summary

  • Allows defendants with multiple fraudulent check convictions in magistrates court within a three-year period to apply for expungement of arrest records and convictions after ten years from the last conviction, provided full restitution is made and no additional convictions under this section occur

  • Limits the multiple conviction expungement provision to misdemeanor offenses only and restricts individuals to using this expungement right only once

  • Adds multiple misdemeanor fraudulent check offenses to the list of crimes eligible for expungement under Section 17-22-910

  • Requires law enforcement or prosecution agencies to destroy arrest records of persons arrested due to mistaken identity within 180 days after investigation confirms the error, with no fees charged

  • Mandates that mistaken identity arrest records, including booking records, warrants, mug shots, and fingerprints, be retained under seal for three years and 120 days for investigative purposes but remain exempt from public disclosure

Legislative Description

Fraudulent Check Expungement

Last Action

Committee report: Favorable with amendment Judiciary

4/30/2025

Committee Referrals

Judiciary3/6/2025

Full Bill Text

No bill text available