Expungement of youthful offender convictions clarified by S.C. Supreme Court
In Gay v. Ariail, decided last week, the South Carolina Supreme Court held that a person can have their record expunged after 15 years pursuant to S.C.'s Youthful Offender Act (YOA), even if they were not sentenced under the YOA's provisions. This was a fairly important decision, as a criminal record can follow a person for their entire life and, before this case was decided, SLED was taking the position that a record could not be expunged unless the person was sentenced under the YOA.
The YOA applies to persons between the ages of 17 and 25 who are not charged with a violent crime, as defined by S.C. Code Sec. 16-1-60. The YOA provides alternatives to adult sentencing, which typically involves a sentence not to exceed 6 years at a YOA facility - the defendant would serve 10 months of the sentence and then be released on parole for 1 year, and if there is no violation the sentence is over after that year. Shock incarceration, or boot camp, is also an alternative for those who qualify. Although the shock incarceration program is 90 days long, after which the defendant is released on parole, there is typically a 2-3 month wait before the program begins which means the defendant will be gone for 5-6 months before being released.
S.C. Code Sec. 22-5-920 provides for the expungement of a conviction as a youthful offender, after 15 years has passed and if there are no subsequent convictions.
Gay, when he was 22 years old, pled guilty to assault and battery of a high and aggravated nature (ABHAN), but he was not sentenced under the YOA provisions. He was sentenced to 10 years, suspended to 5 years probation, as an adult. ABHAN, although it is punishable by up to 10 years, is classified as a misdemeanor under S.C. law, and it is not listed as a violent offense under 16-1-60. The Court's holding in this case was that, although Gay was not sentenced under the YOA provisions, he nevertheless met the definition of a youthful offender under the YOA, and therefore he can seek to have his record expunged after the 15 years has passed.
There should be no reason that a single crime committed as a youth should follow a person for their entire lives. Although this decision is limited to those who have a single non-violent offense and no other convictions, it will come as a great relief to the many people who fall under the definition of youthful offender.
Comments
Is a conviction under the SC YOA considered a conviction for immigration/removal purposes? Is the SC YOA comparable to the Federal Juvenile Delinquency Act? Thank you very much in advance.
Posted by: Jose F. Monge | May 7, 2010 8:17 PM
Hello, I was ajudicated guilty of aggravated battery 9 years ago in florida as a "youthful offender", I am wanting to know and find out of I can have my record sealed or exspundged? I am an advid outdoorsman/hunter and have children I want to teach how to hunt and use firearms.
If I cannot have record exspundged, am I able to have my rights restored to posess, purchase, and use firearms?
Please let me know anything aboutthis situation as soon as you can. Thanks
Posted by: Justin Smith | July 18, 2010 11:14 PM
Justin - you need to contact an attorney in Florida to answer your questions.
Posted by: BFrederick | July 19, 2010 12:23 AM
I was arrested for strong armed robbery in Sc in 1998 and convicted in 2000. i have had no other convictions. am i eligible for an expungement??
Posted by: pamela | October 17, 2010 12:26 AM
I went to trial 3/19/1997, the yoa had just changed. The judge told me that he would go ahead and place me under the yoa so it would not affect my adult life. It has. I have not been in any trouble since. Charge was strong armed robbery. Sentence was yoa sec 5 (C) nte 5 yrs sus 6 mos prob. How do I get off my record? Do I need an expungement, or a pardon? Why is it still haunting me. It was not suppose to show on my record. Any help, references or referals and answers will be greatly appriciated.
Posted by: Anonymous | November 23, 2010 7:31 PM
I went to trial 3/19/1997, the yoa had just changed. The judge told me that he would go ahead and place me under the yoa so it would not affect my adult life. It has. I have not been in any trouble since. Charge was strong armed robbery. Sentence was yoa sec 5 (C) nte 5 yrs sus 6 mos prob. How do I get off my record? Do I need an expungement, or a pardon? Why is it still haunting me. It was not suppose to show on my record. Any help references or referals and answers will be greatly appriciated. Posted by: Anonymous | November 23, 2010 7:31 PM
Posted by: REGINA ROBINSON | November 23, 2010 7:42 PM
I recently posted my incedent on this sight and was responded to by someone on your team. The email was erased accidently. My intentions was to call about this on Monday. Will you please resend the information so that I can get this cleared up? Thank you Ms. Robinson
Posted by: REGINA ROBINSON | November 28, 2010 1:34 PM
I would like some help or advice about completly clearing my record. I can't find a decent job. I can't enroll in school in the medical field. Hard to find a decent place to live with my record. I have been dealing with this since 1997. It was not suppose to affect my adult life. When in fact Its been affecting my whole life ever since. Strong armed robbery, 5 years suspended to 6 month probation. I have not gotten in trouble since. Please respond to mstooindependent @gmail
Posted by: REGINA ROBINSON | December 16, 2010 10:59 AM
It was under the yoa and I would like to try and take care of this jan 2011. No one seems to understand the yoa. I know what the judge told me. Thanks again. mstooindependendent@gmail
Posted by: REGINA ROBINSON | December 16, 2010 11:03 AM
My husband was sentenced under the you in 1976 for "house breaking". Since then, he has tried to get in the army, and was yelled at for not disclosing the information when he was told upon release that he didn't have to tell any one. All of these years later, he is having to go through background checks, only to realize that this is showing up. Unfortunately,he received another felony several years ago, but we are dealing with that one. We would like to know what direction to go with this.Why was he told he didn't have to tell anyone, and it is still showing up on background checks? Neither felony was a violent offense.
Posted by: Rose Beach | March 4, 2011 1:54 PM
May 26, 1996 my brother and I got into a physical altercation which lead to a CDV charge. I had recently celebrated my 17th birthday and was charged as an adult. My grandmother of course came to get both of us out paying a fine of 775.00 for the both of us. This automatically entered a plea of uilty for the both of us. We are now ages 31 and 34. I recently tried to join the United States Army and was told I could not. Keep in mind I have no other convictions on my record outside of driving infractions. Can I have this charge placed under YOA?
Posted by: DJ | March 10, 2011 2:16 PM
My boyfriend was 19 when he commited a crime, the origional charge was robbery and kidnapping but plead down to attempted armed robbery. He was not filed under the youthful offender act, does he qualify for this and if so how do we get it changed?
Posted by: Shana | September 7, 2011 10:37 PM