South Carolina S 428: Fraudulent Check Expungement

Bill Text

2025-2026 Bill 428 Text of Previous Version (May. 06, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 428

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Committee Report

May 6, 2026

S. 428

Introduced 
by Senators Allen, Hembree and Garrett 

S. Printed 5/6/26--H.

Read the first time March 31, 2026

________

The committee on House Judiciary

To whom was referred a Bill (S. 428) 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, etc., respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

W. NEWTON for Committee.

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill allows for the expungement of 
multiple misdemeanor offenses for the drawing and utterance of fraudulent checks 
or bank drafts over a three-year period, provided that ten years have elapsed 
since the date of the defendant's last conviction. Currently, only the first 
offense for check or bank draft fraud may be expunged. Solicitors' offices 
handle all expungements, except for non-convictions in magistrate or municipal 
courts. To ensure defendants only apply for such expungement one time, the 
State Law Enforcement Division (SLED) must maintain a nonpublic record of the 
offenses and the date of expungement.

The bill also requires a law enforcement or 
prosecution agency who has arrested a person as a result of mistaken identity 
to destroy the associated arrest records at no cost to the arrestee. While the 
law enforcement or prosecution agency must maintain the arrest records under 
seal for a minimum period, they may retain these records indefinitely for 
certain purposes.

Judicial. Judicial indicates that 
there are no data to estimate the number of applications for expungement that 
may be managed by solicitors' offices or magistrate or municipal courts due to 
this bill. For information, in FY 2023-24, the total number of overall case dispositions 
for fraudulent check or bank draft offenses were as follows:

Criminal Data Report (CDR) Code Statute 
Description

Total Dispositions

FY 2023-24

 CDR Code

 Statute Description

 Total Dispositions

 FY 2023-24

 446

 Checks / Fraudulent check, or stop payment, > $1000.00 - 
 2nd or sub.

 11

 670

 Checks / Fraudulent check, or stop payment, $500 or less - 
 1st offense

 46

 671

 Checks / Fraudulent check, or stop payment, $500 or less - 
 2nd or sub offense

 12

 800

 Checks / Fraudulent check, or stop payment, > $1000.00 - 
 1st offense

 105

 2429

 Banking / Violation of Bank Deposits chapter value $500 - 
 $1000 - 1st offense

 2

 2430

 Banking / Violation of Bank Deposits chapter value $500 - 
 $1000 - 2nd or sub offense

 0

 2431

 Banking / Violation of Bank Deposits chapter value $500 or 
 less- 1st offense

 1

 2432

 Banking / Violation of Bank Deposits chapter value $500 or 
 less - 2nd or sub offense

 0

 2883

 Checks / Fraudulent checks or stop payment > $500 < 
 $1000, 1st offense

 10

 2884

 Checks / Fraudulent checks or stop payment > $500 < 
 $1000, 2nd or sub. Offense

 2

 3179

 Banking / Violation or Bank Deposits chapter value 
 >$1000 - $5000 - 1st offense

 2

 3180

 Banking / Violation or Bank Deposits chapter value 
 >$1000 - $5000 - 2nd or sub offense

 0

 3386

 Checks / Fraudulent use of checks, or stop payment, more 
 than $5,000 - 1st offense

 30

 3387

 Checks / Fraudulent use of checks, or stop payment, more 
 than $5,000 - 2nd offense

 1

Judicial will provide support to local 
jurisdictions for the implementation of this expungement process, including 
updating forms and offering training as needed. Judicial anticipates being 
able to manage these additional responsibilities within the normal course of 
business. Therefore, the bill will have no expenditure impact for Judicial.

Commission on Prosecution Coordination. Implementation 
of this bill may result in an increase in the number of expungements requests 
handled by the solicitors' offices. The commission anticipates it can manage any 
increase in expungement applications using existing staff and appropriations. As 
a result, implementation of the bill will have no expenditure impact on the 
commission.

State Revenue

This bill may result in more expungements 
being handled by solicitors' offices, which may increase the amount of fees 
collected. Fees required for an expungement request through the solicitor's 
office consist of a $250 administrative fee paid to the local solicitor, as 
well as a $25 fee paid to SLED. However, as there are no data to estimate the 
number of expungement requests that may be submitted in FY 2025-26, the amount