STATE OF SOUTH CAROLINA COUNTY/MUNICIPALITY OF _______________________ ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE MAGISTRATE/MUNICIPAL COURT ORDER FOR DESTRUCTION OF ARREST RECORDS THE STATE OF SOUTH CAROLINA v. Race DOB SID # Sex SSN Age Defendant Charges were disposed of in the court indicated below: Magistrate Municipal AKA I, ________________________________________, ___________________ Court Judge, find that the below charge(s) under the jurisdiction of this Court was ended either by an adjudication of not guilty or by a judicial dismissal, and the defendant is entitled to have all records, including any outstanding associated bench warrants, relating to this offense expunged and destroyed according to §17-22-950. Warrant/Ticket/Courtesy Summons No. Arrest Charge Warrant/Ticket/Courtesy Summons No. Arrest Charge I further find the charge(s) covered by this order was not made pursuant to Title 56 (traffic), Title 50 (DNR), or the authority of counties and municipalities under Title 4 and Title 5, and that the defendant is eligible for expungement. I also find that §17-22-950 has been complied with as follows (check one): The defendant was fingerprinted and the summary court has coordinated with SLED and confirmed the criminal charge is statutorily appropriate for expungement. The defendant was not fingerprinted and the summary court has coordinated with the arresting law enforcement agency and confirmed that no fingerprints were taken from the defendant for this charge. IT IS ORDERED that all records relating to such arrest or issuance of ticket or courtesy summons and subsequent discharge, including associated bench warrants, pursuant to the above-referenced section be expunged and destroyed and that no evidence of such records pertaining to such charge shall be retained by any municipal, county or state agency except for: arrest and booking record, associated bench warrants, mug shots, and fingerprints of the defendant shall be retained under seal pursuant to §17-1-40, by law enforcement, detention, correctional and prosecution agencies for three years and one hundred twenty days, and law enforcement and prosecution agencies may retain the information indefinitely under seal for purposes set forth in §17-1-40 (B)(1)(a) and (b); under §17-1-40 (C)(1), this order does not require the destruction of evidence gathered, unredacted incident and supplemental reports, and investigative files, which statutorily shall be retained under seal for three years and one hundred twenty days, and may be retained indefinitely under seal for purposes set forth in §17-1-40 (C)(1); and information retained under seal by law enforcement, detention, correctional and prosecution agencies pursuant to §17-1-40 is not a public information and is exempt from disclosure, except by court order. Date of Arrest Place of Arrest County, S.C. Date of Arrest Place of Arrest County, S.C. ________________________________________________ Judge Signed this ___________ day of ______________, 20______ For SLED internal use only: Expunged by SLED by:____________________________________ SCCA 223C (Revised 7/15) Date: ___________________________ American LegalNet, Inc. www.FormsWorkFlow.com Expungement Process §17-22-950. "(A)(1) When criminal charges are brought in a summary court and the accused person is found not guilty or if the charges are dismissed or nolle prossed, pursuant to Section 17-1-40, the presiding judge of the summary court, at no cost to the accused person, immediately shall issue an order to expunge the criminal records, including any associated bench warrants, of the accused person unless the dismissal of the charges occurs at a preliminary hearing or unless the accused person has charges pending in summary court and a court of general sessions and such charges arise out of the same course of events. This expungement must occur no sooner than the appeal expiration date and no later than thirty days after the appeal expiration date. Except as provided in item (2), upon issuance of the order, the judge of the summary court or a member of the summary court staff must coordinate with SLED to confirm that the criminal charge is statutorily appropriate for expungement; obtain and verify the presence of all necessary signatures; file the completed expungement order with the clerk of court; provide copies of the completed expungement order to all governmental agencies which must receive the order including, but not limited to, the arresting law enforcement agency, the detention facility or jail, the solicitor's office, the magistrates or municipal court where the arrest or bench warrant originated, the magistrates or municipal court that was involved in any way in the criminal process of the charge or bench warrant sought to be expunged, and SLED. The judge of the summary court or a member of the summary court staff also must provide a copy of the completed expungement order to the applicant or his retained counsel. The prosecuting agency or appropriate law enforcement agency may file an objection to a summary court expungement. If an objection is filed by the prosecuting agency or law enforcement agency, that expungement then must be heard by the judge of a general sessions court. The prosecuting agency's or the appropriate law enforcement agency's reason for objecting must be that the: (a) accused person has other charges pending; (b) prosecuting agency or the appropriate law enforcement agency believes that the evidence in the case needs to be preserved; or (c) accused person's charges were dismissed as a part of a plea agreement. (2) If criminal charges are brought in a summary court and the accused person is found not guilty, or the charges are dismissed or nolle prossed pursuant to Section 17-1-40, and the person was not fingerprinted for the violation, then, upon issuance of the order, the summary court shall coordinate with the arresting law enforcement agency to confirm that the person was not fingerprinted for the violation; obtain and verify all necessary signatures; and provide copies of the completed expungement order to the arresting law enforcement agency and all summary courts that were involved in the criminal process of the charges. The summary court is not required to provide copies of the completed expungement order to SLED. All summary courts that were involved in the criminal process of the charges shall destroy all documentation related to the charges, including, but not limited to, removin