# South Carolina S 0428: 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.

South Carolina S 0428, 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., is a 126th General Assembly (2025-2026) Senate bill sponsored by Karl B. Allen (Democrat); status became law, last action 2026-07-01 (Act No. 248) (as of 2026-10-11).

- Canonical: https://policyrisk.com/state-bill/SC-S0428-2025-2026
- As of: 2026-10-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: South Carolina S 0428
- State: South Carolina
- Session: 126th General Assembly (2025-2026)
- Title: 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.
- Status: became law
- Chamber: Senate
- Introduced: 2025-03-06
- Last action: 2026-07-01, Act No. 248
- Sponsor: Karl B. Allen (Democrat)
- Cosponsors: 2
- Touches household money: no
- Roll calls: 5 (314 yes, 13 no in all)
- Economic provisions PRIA read: 2

## Summary

Fraudulent Check Expungement

## Bill overview: provisions PRIA read

- Clear old bad-check misdemeanors once: benefit, low. 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 res…
- Destroy arrest records from mistaken identity: benefit, low. 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 m…

## Sponsors and cosponsors

- Sponsor: Karl B. Allen (Democrat), Senate
- Cosponsor: Billy Garrett (Republican), Senate
- Cosponsor: Greg Hembree (Republican), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2026-06-25 | Senate | (Fraudulent Check Expungement)to override the veto | pass | 36 | 3 |   |
| 2026-06-25 | House | (Fraudulent Check Expungement)Override Veto by the Governor | pass | 90 | 6 |   |
| 2026-05-13 | House | (Fraudulent Check Expungement)Passage of Bill | pass | 106 | 4 |   |
| 2026-03-25 | Senate | (Fraudulent Check Expungement)2nd Reading | pass | 41 | 0 |   |
| 2026-03-25 | Senate | (Fraudulent Check Expungement)2nd Reading | pass | 41 |   |   |

## Actions (19)

- 2026-07-01: Act No. 248 (legislature)
- 2026-07-01: Effective date 06/25/26 (legislature)
- 2026-06-25: Veto overridden Yeas-90 Nays-6 — Act No. 248 (House)
- 2026-06-25: Veto overridden by originating body Ayes-36 Nays-3 (Senate)
- 2026-05-19: Vetoed by Governor (Governor)
- 2026-05-15: Ratified R 227 (legislature)
- 2026-05-14: Read third time and enrolled (House)
- 2026-05-13: Roll call Yeas-106 Nays-4 (House)
- 2026-05-13: Read second time (House)
- 2026-05-12: Debate adjourned (House)
- 2026-05-06: Committee report: Favorable Judiciary (House)
- 2026-03-31: Referred to Committee on Judiciary (House)
- 2026-03-31: Introduced and read first time (House)
- 2026-03-26: Read third time and sent to House (Senate)
- 2026-03-25: Roll call Ayes-41 Nays-0 (Senate)
- 2026-03-25: Read second time (Senate)
- 2025-04-30: Committee report: Favorable with amendment Judiciary (Senate)
- 2025-03-06: Referred to Committee on Judiciary (Senate)
- 2025-03-06: Introduced and read first time (Senate)

## Bill text

- Introduced: [HTML](https://www.scstatehouse.gov/sess126_2025-2026/bills/428.htm)

## Related bills

- S 0623: AN ACT TO EXEMPT GEORGETOWN COUNTY FROM CERTAIN BUILDING REQUIREMENTS AND TO ALLOW THE COUNTY TO INSTEAD ENFORCE AE STANDARDS IN GEORGETOWN COUNTY'S FLOOD DAMA… (became law)
- S 0586: AN ACT TO AMEND ACT 172 OF 1995, RELATING TO THE KERSHAW COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATIO… (signed)
- H 5653: AN ACT TO AMEND ACT 843 OF 1952, AS AMENDED, RELATING TO THE LEE COUNTY BOARD OF EDUCATION, SO AS TO CLARIFY THE METHOD BY WHICH PERSONS FILE TO BECOME A CANDI… (signed)
- S 1062: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS RE… (signed)
- S 0779: A JOINT RESOLUTION TO PROVIDE THAT EACH MEMBER OF THE GENERAL ASSEMBLY SHALL RECEIVE A MONTHLY LEGISLATIVE EXPENSE ALLOWANCE OF ONE THOUSAND DOLLARS; TO PROVID… (signed)
- H 5261: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR RECEIVING ALCOHOL SERVER TRAINING AS PROVIDED FOR IN CHAPTER 3, TITLE 61 TO MAY 1, 2026. (signed)

## Sources
- [Introduced (HTML)](https://www.scstatehouse.gov/sess126_2025-2026/bills/428.htm)

## Related
- [S 0623: AN ACT TO EXEMPT GEORGETOWN COUNTY FROM CERTAIN BUILDING REQUIREMENTS AND TO AL…](https://policyrisk.com/state-bill/SC-S0623-2025-2026)
- [S 0586: AN ACT TO AMEND ACT 172 OF 1995, RELATING TO THE KERSHAW COUNTY TRANSPORTATION…](https://policyrisk.com/state-bill/SC-S0586-2025-2026)
- [H 5653: AN ACT TO AMEND ACT 843 OF 1952, AS AMENDED, RELATING TO THE LEE COUNTY BOARD O…](https://policyrisk.com/state-bill/SC-H5653-2025-2026)
- [S 1062: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE COMMISSION ON HIGHER EDU…](https://policyrisk.com/state-bill/SC-S1062-2025-2026)
- [S 0779: A JOINT RESOLUTION TO PROVIDE THAT EACH MEMBER OF THE GENERAL ASSEMBLY SHALL RE…](https://policyrisk.com/state-bill/SC-S0779-2025-2026)
- [H 5261: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR RECEIVING ALCOHOL SERVER TRAINING…](https://policyrisk.com/state-bill/SC-H5261-2025-2026)
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Source: PRIA, https://policyrisk.com/state-bill/SC-S0428-2025-2026 (as of 2026-10-11).