Opinion
07-01-2024
Re: Expungement Forms
ORDER
Donald W. Beatty, Chief Justice
Pursuant to the provisions of Article V, Section 4 of the South Carolina Constitution, I find that the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024 (the Act), effective March 7, 2024, requires language to be added to the Order for Destruction of Arrest Records form (SCCA223A1). The form is revised to add the ability to apply for expungement of a conviction of a first offense for unlawful possession of a firearm or weapon carrying a penalty of not more than one year or a fine of one thousand dollars, or both, on checkbox relating to S.C. Code Ann. § 22-5-910.
I further find the Act requires the creation of a separate form for expungements of one conviction for unlawful possession of a handgun pursuant to section 17-1-65 and approval of SCCA223C for that purpose.
The above forms bearing the date of (7/2024) are approved for use in Circuit Court effective July 1, 2024:
The forms are available on the South Carolina Judicial Branch's website at http://www.sccourts.org/forms.