Some S.C. Youthful Offenders Now Offered Clean Slate

Observer Reports

Some South Carolinians charged with non-violent crimes as young offenders are now being offered a chance at a clean slate.

A new provision would expand the South Carolina Youthful Offender Act to  allow those convicted of some nonviolent misdemeanors and low-level felonies to apply for those offenses to be removed from their criminal records. Violent crimes, such as domestic violence, and convictions that require the person to be added to the state’s sex offender registry are not included in the new law.

The new statute would offer a boost for those with criminal records seeking employment.

The new, bipartisan law does not provide for automatic expungement is not automatic. Eligibility requires the offender by less than 25 years of age when convicted and cannot be repeat offenders within five years of sentencing.

This new law now allows people to be eligible for expungement even if they were convicted of disturbing schools or driving under suspension before that five-year, post-sentence period was up.

Gov. Henry McMaster vetoed this bill when it got to his desk, as he had with previous expungement-related legislation, saying while he believes in grace and reducing recidivism through employment, he also believes employers should have access to someone’s complete criminal history when making hiring decisions.

But the South Carolina General Assembly voted overwhelmingly to override McMaster’s veto and put the new law into effect.