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.
