Fraudulent Check Expungement

2025-2026 Bill 428: Fraudulent Check Expungement

South Carolina General Assembly

126th Session, 2025-2026

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S. 428

STATUS INFORMATION

General Bill

Sponsors: Senators Allen, Hembree and Garrett

Document Path: LC-0128AHB25.docx

Introduced in the Senate on March 6, 2025

Introduced in the House on March 31, 2026

Passed by the General Assembly on May 14, 2026

Summary: Fraudulent Check Expungement

HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

3/6/2025

Senate

Introduced and read first time (
Senate Journal-page 3
)

3/6/2025

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 3
)

4/30/2025

Senate

Committee report: Favorable with amendment
Judiciary
(
Senate Journal-page 9
)

3/25/2026

Senate

Read second time (
Senate Journal-page 21
)

3/25/2026

Senate

Roll call Ayes-41 Nays-0 (
Senate Journal-page 21
)

3/26/2026

Senate

Read third time and sent to House (
Senate Journal-page 17
)

3/31/2026

House

Introduced and read first time (
House Journal-page 244
)

3/31/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 244
)

5/6/2026

House

Committee report: Favorable
Judiciary
(
House Journal-page 16
)

5/12/2026

House

Debate adjourned (
House Journal-page 87
)

5/13/2026

House

Read second time (
House Journal-page 57
)

5/13/2026

House

Roll call Yeas-106 Nays-4 (
House Journal-page 57
)

5/14/2026

House

Read third time and enrolled (
House Journal-page 13
)

5/15/2026

Ratified R 227

5/19/2026

Vetoed by Governor

View the latest
legislative information
at the website

VERSIONS OF THIS BILL

3/6/2025

4/30/2025

5/6/2026

NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.

(R227, S428)

AN ACT 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.

Be it enacted by the General Assembly of the State of South Carolina:

Fraudulent checks, expungement of multiple convictions

SECTION 1. Section
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 of the convictions, the court must issue an order expunging the records. No person may take advantage of the rights permitted by this subsection more than once. Neither the application for nor successful expungement of a qualifying applicant's record as authorized by subsection (e) precludes application for and expungement of a qualifying applicant's record under this subsection. After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under Section
34-11-95
, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once.

Expungement, multiple convictions for misdemeanor fraudulent checks

SECTION 2. Section
17-22-910
(A)(1) of the S.C. Code is amended to read:

(1) Section
34-11-90
(e), first offense misdemeanor fraudulent check or Section
34-11-90
(f), multiple misdemeanor offenses of fraudulent check;

Destruction of certain arrest records

SECTION 3. Chapter 1, Title 17 of the S.C. Code is amended by adding:

Section
17-1-43
. (A) Notwithstanding the provisions of Section
17-1-40
, no later than one hundred eighty days after an investigation by a law enforcement or prosecution agency reveals that a person was arrested as a result of mistaken identity, the law enforcement or prosecution agency with appropriate jurisdiction shall destroy the arrest records of that person made as a result of mistaken identity. The law enforcement or prosecution agency, as appropriate, shall establish a review process for verifying that a person's arrest records relating to mistaken identity in which no charges were filed have been destroyed as provided in this section. Neither the law enforcement or prosecution agency may charge or collect a fee for the destruction of arrest records pursuant to the provisions of this section.

(B) Law enforcement and prosecution agencies shall retain the arrest and booking record, associated bench warrants, mug shots, and fingerprints of the person under seal for three years and one hundred twenty days. A law enforcement or prosecution agency may retain the information indefinitely for purposes of ongoing or future investigations and prosecution of the offense, administrative hearings, and to defend the agency and the agency's employees during litigation proceedings. The information must remain under seal. The information is not a public document and is exempt from disclosure, except by court order.

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Ratified the 15th day of May, 2026.

______________________________________________________________________

President of the Senate

_____________________________________________________________________

Speaker of the House of Representatives

Approved the _____________ day of _________________________________________2026.

____________________________________________________________________

Governor

----XX----

This web page was last updated on
May 15, 2026 at 4:57 PM