Legal Question in DUI Law in South Carolina

There is a limit as to what can be expunged. Driving offenses is one of them. Below is Section 22-5-910 of the South Carolina Code on Expungements. If you look at the last sentence of paragraph (A) and the first sentence of paragraph (1), it reads.....

"However, this section does not apply to:

(1) an offense involving the operation of a motor vehicle"

� 22-5-910. Expungement of criminal records.

**Update notice: This section has been amended by

ACT NO. 36 OF 2009

(A) Following a first offense conviction in a magistrates court or

a municipal court, the defendant after three years from the date of the

conviction may apply, or cause someone acting on his behalf to apply,

to the circuit court for an order expunging the records of the arrest

and conviction. However, this section does not apply to:

(1) an offense involving the operation of a motor vehicle;

(2) a violation of Title 50 or the regulations promulgated pursuant to

Title 50 for which points are assessed, suspension provided for, or

enhanced penalties for subsequent offenses are authorized; or

(3) an offense contained in Chapter 25 of Title 16, except first

offense criminal domestic violence as contained in Section 16-25-20,

which may be expunged five years from the date of the conviction.

(B) If the defendant has had no other conviction during the three-year

period, or during the five-year period as provided in subsection (A)(3),

following the first offense conviction in a magistrates court or a

municipal court, the circuit court may issue an order expunging the

records. No person may have his records expunged under this section more

than once. A person may have his record expunged even though the

conviction occurred prior to June 1, 1992.

(C) After the expungement, the South Carolina Law Enforcement Division

is required to keep a nonpublic record of the offense and the date of the

expungement to ensure that no person takes advantage of the rights of

this section 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 to know this information in order to prevent the rights afforded

by this section from being taken advantage of more than once.

(D) As used in this section, "conviction" includes a guilty plea, a

plea of nolo contendere, or the forfeiting of bail.