Bill > H4090

This bill creates a new legal provision in South Carolina that allows for conditional discharge of a first-time magistrate-level offense, with important restrictions and conditions. Under this law, if a person pleads guilty to or is found guilty of a magistrate-level offense (excluding driving under the influence), the court can defer entering a judgment of guilt and place the individual on probation, but only with the consent of both the accused and the prosecutor. If the person successfully completes all required probation terms, the court will dismiss the proceedings, which means the offense will not count as a formal conviction and will not trigger typical post-conviction penalties. However, a nonpublic record will be maintained by law enforcement to track potential repeat offenses. After dismissal, the individual can apply to have all records of the arrest and proceedings expunged. To qualify, the person must pay a $150 fee, which can be partially or fully waived in cases of indigency. The fee revenue will be distributed to judicial circuits based on population. This provision can only be used once per person and does not apply to DUI offenses, providing a limited opportunity for first-time offenders to avoid a permanent criminal record.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4090&session=126&summary=B