STATE OF SOUTH CAROLINA COUNTY OF THE STATE OF SOUTH CAROLINA vs. Race DOB SID # Defendant IN THE COURT OF GENERAL SESSIONS ORDER FOR DESTRUCTION OF ARREST RECORDS Diversion Disposition Sex SSN Age Charges were disposed of in the court indicated below: Magistrate Municipal General Sessions AKA I, ________________________________________, Circuit Court Judge, find that the defendant is entitled to have all records, including any outstanding associated bench warrants, relating to this offense expunged and destroyed according to the applicable section of the South Carolina Code of Laws indicated below: Warrant/GS No. Arrest Charge § 17-22-150(a). The charge was nol prossed on ___________________________ by the Solicitor because the defendant successfully completed the Pre-Trial Intervention Program. (PTI Director must attest to eligibility for expungement). § 17-22-330(A). The charge was nol prossed on _____________________________ by the Solicitor because the defendant successfully completed the Traffic Education Program. (TEP Director must attest to eligibility for expungement). § 17-22-530(A). The charge was nol prossed on ___________________________ by the Solicitor because the defendant successfully completed the Alcohol Education Program Program. (AEP Director must attest to eligibility for expungement). SLED verifies the offense listed above is eligible for expungement: Yes No SLED ___________ Date _______________ Date of Arrest Place of Arrest County, S.C. IT IS ORDERED that all records relating to such arrest 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 as follows: (1) 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 §171-40 (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; (2) probation records retained by S.C. Department of Probation, Pardon, and Parole Services pursuant to §17-1-40(B)(1)(b)(3) whose charges were dismissed by conditional discharge pursuant to §44-53-450; (3) nonpublic information retained on each person accepted for Pre-Trial Intervention pursuant to § 17-22-130; (4) nonpublic information retained by S.C. Law Enforcement Division (SLED) pursuant to §34-11-90(e); (5) nonpublic information retained by the S.C. Department of Narcotic and Dangerous Drugs under SLED pursuant to §44-53-450; (6) nonpublic information retained by SLED pursuant to §22-5-910 and § 22-5-920; and (7) nonpublic information retained by SLED and S.C. Department of Public Safety/Department of Motor Vehicles pursuant to §56-5750(F), §17-22-330(A) and §17-22-530(A), as well as any nonpublic records retained by S.C. Commission on Prosecution Coordination as required by aw. To be completed by Defendant/Defense Attorney: I attest that the defendant is eligible for expungement. ___________________________________________________ Defendant / Attorney for Defendant (Circle One) S.C. Bar No.: _______________________ SCCA 223B (Revised 7/15) American LegalNet, Inc. www.FormsWorkFlow.com Printed/Typed Name: Signed this ________________ day of ____________, 20__________ To be completed by Solicitor's Office: Solicitor: Consents Declines to Consent Determined ineligible for expungement The defendant was eligible for intervention under §17-22-50, and the charge covered by this order was dismissed or nolle prossed because of successful completion of the Pre-Trial Intervention Program, Traffic Education Program, or Alcohol Education Program. The charge covered by this order can legally be expunged. ________________________________________________________ Circuit Solicitor Printed/Typed Name: __________ and ________________________________________________________ Director PTI /Director TEP/Director AEP (Circle One) Printed/Typed Name: _______ Signed this __________ day of _______, 20______________ Signed this ____________ day of ___________, 20______ IT IS SO ORDERED. ________________________________________________, Circuit Court Judge Signed this ____ day of ______, 20_____ For SLED internal use only: Expunged by SLED by:____________________________________ Date: ___________________________ Expungement Application Process (1) In exchange for an expungement service that is provided by the solicitor's office, the applicant must pay the following amounts to the solicitor in the form of separate certified checks or money orders: (a) a non-refundable administrative fee of $250.00 made payable to the solicitor, (b) a non-refundable SLED verification fee of $25.00 made payable to SLED, when applicable, and (c) a filing fee of $35.00 made payable to the county clerk of court, when applicable. Fee Exemption: Pursuant to §17-22-940(B), any person who applies to the solicitor's office for an expungement of general sessions charges pursuant to §17-1-40 (the person was found not guilty or the change was dismissed or nolle prossed) is exempt from paying the administrative fee, unless the charge that is the subject of the expungement request was dismissed, discharged, or nolle prossed as part of a plea arrangement under which the defendant pled guilty and was sentenced on other charges. (2) The defendant submits the application to the solicitor with the required fees, and the solicitor will send the application to SLED in order to verify that the offense is eligible for expungement, as provided by the South Carolina Code of Laws. (3) SLED will return the application to the solicitor and indicate if the offense(s) is eligible for expungement. (4) If the offense is dete