All Roll Calls
Yes: 314 • No: 13
South CarolinaS 0428126th General Assembly (2025-2026)Senate
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.
Sponsored By: Karl B. Allen (Democrat)
Became Law
Summary
Fraudulent Check Expungement
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Clear old bad-check misdemeanors once
You can ask to clear arrest and conviction records for certain old check-fraud misdemeanors. It applies if you had multiple magistrate-court convictions within three years. You must wait ten years after the last conviction. You must have no other convictions in those ten years and must pay full restitution. Felonies do not qualify. You may use this only once. A past expungement under another part of this law does not block this one. The State Law Enforcement Division keeps a private record to enforce the one-time rule. It is not public and is shared only with courts or law officers.
Destroy arrest records from mistaken identity
If you were arrested by mistake, the agency must destroy your arrest records within 180 days after it confirms the error. The agency must set up a review to verify destruction when no charges were filed. It cannot charge you a fee. Some items are kept under seal for three years and 120 days, like mug shots and fingerprints. Agencies may keep sealed records longer for active or future cases or to defend lawsuits. Sealed records are not public and need a court order to be released.
Sponsors & Cosponsors
Sponsor
Karl B. Allen
Democrat • Senate
Cosponsors
Billy Garrett
Republican • Senate
Greg Hembree
Republican • Senate
Roll Call Votes
Senate vote • 6/25/2026
(Fraudulent Check Expungement)to override the veto
Yes: 36 • No: 3
House vote • 6/25/2026
(Fraudulent Check Expungement)Override Veto by the Governor
Yes: 90 • No: 6
House vote • 5/13/2026
(Fraudulent Check Expungement)Passage of Bill
Yes: 106 • No: 4
Senate vote • 3/25/2026
(Fraudulent Check Expungement)2nd Reading
Yes: 41 • No: 0
Senate vote • 3/25/2026
(Fraudulent Check Expungement)2nd Reading
Yes: 41 • No: 0
Actions Timeline
Act No. 248
7/1/2026legislatureEffective date 06/25/26
7/1/2026legislatureVeto overridden Yeas-90 Nays-6 — Act No. 248
6/25/2026HouseVeto overridden by originating body Ayes-36 Nays-3
6/25/2026SenateVetoed by Governor
5/19/2026GovernorRatified R 227
5/15/2026legislatureRead third time and enrolled
5/14/2026HouseRoll call Yeas-106 Nays-4
5/13/2026HouseRead second time
5/13/2026HouseDebate adjourned
5/12/2026HouseCommittee report: Favorable Judiciary
5/6/2026HouseReferred to Committee on Judiciary
3/31/2026HouseIntroduced and read first time
3/31/2026HouseRead third time and sent to House
3/26/2026SenateRoll call Ayes-41 Nays-0
3/25/2026SenateRead second time
3/25/2026SenateCommittee report: Favorable with amendment Judiciary
4/30/2025SenateReferred to Committee on Judiciary
3/6/2025SenateIntroduced and read first time
3/6/2025Senate
Bill Text
Introduced
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