South Carolina State Senator Paul Thurmond introduced a bill in the State Senate on January 13, 2015, to clean up confusion regarding the right of a South Carolina driver to have a DUI/drunk driving arrest expunged from their criminal history information. “S.255” makes it clear that any South Carolina driver acquitted of DUI/drunk driving (by negotiated agreement or judicial dismissal) is eligible for the initial charge to be expunged (erased) from all criminal record keeping entities.Read More It has always been the case in South Carolina that any criminal charge for which a person is acquitted, or the charge is dismissed, etcetera was eligible to have the charge expunged from their record. Unfortunately, a Scribner’s error in the latest version of South Carolina Code Section 17-1-40 (E)(1) has resulted in South Carolina driver’s not being able to expunge the original DUI/drunk driving charge. The latest version of South Carolina Code Section 17-1-40 became effective on January 9, 2014. This mistake was not intended to happen – and Senator Thurmond is leading the charge to rectify it. Additionally, Senator Thurmond’s bill (see below for link to the bill itself) would also require any and all websites that contain arrest and booking records – or mug shots – of South Carolina citizens acquitted of any criminal charges to expunge these records upon a proper request. If passed into law, Senator Thurmond’s bill would be a substantial improvement over South Carolina’s current expungement statute (see link below). Even assuming the current mistake is corrected allowing for the expungement of DUI/drunk driving arrests, the current statute does not reach or apply to private websites which in 2015 are in existence and do publish arrest and booking records of South Carolina citizens. This would be a vast improvement over the current law and allow South Carolina drivers accused of DUI/drunk driving to have all information connected with that arrest expunged from both public and private sources – assuming an acquittal occurs. Let’s hope Senator Thurmond’s bill becomes the law in South Carolina soon. It would remedy the Scribner’s error described above and allow the resumption of expungements on DUI/drunk driving charges – and, stretch out to encompass private entities who publish this information as well. Greenville, South Carolina DUI Attorney Steve Sumner primarily handles misdemeanor and felony DUI/drunk driving cases. Steve is a former DUI prosecutor and has been in private practice since 1994. Steve has been recognized as a South Carolina Super Lawyer® in the field of DUI defense since 2013. He is a member of the National Trial Lawyers: Top 100 Trial Lawyers™ for criminal defense. He is a member of the National College for DUI Defense and has held a judicially endorsed AV-Preeminent rating from Martindale-Hubbell® and a “Superb” (10.0 out 10.0) ranking with Avvo since 2011. SC Code Section 17-1-40 S.255
March 14, 2015
South Carolina Senator Paul Thurmond Introduces Bill to Clear up Expungement Difficulties
November 26, 2014
Browning State Senator Arrested for DUI; Claims Harassment
Outgoing Sen. Shannon Augare told the Great Falls Tribune on Monday he was pulled over late last week and charged with misdemeanor DUI, eluding a police officer and speeding. He says those charges were dismissed in Blackfeet Tribal Court on Monday.
Police Chief Joshua Black Weasel would only confirm that Augare had been arrested on the reservation.
Augare says his arrest was “pure harassment,” noting that Black Weasel dislikes him because he wouldn’t recognize his appointment as police chief.
In May 2013, Glacier County deputies stopped Augare west of Cut Bank. The senator pleaded guilty to DUI, reckless driving and obstructing a police officer.
January 28, 2011
Ex-Massachusetts State Senator Dianne Wilkerson Sentenced to 3 1/2 Years in Prison For Accepting Bribes
Former Massachusetts State Senator Dianne Wilkerson has been sentenced to serve 3 1 years in state prison for accepting $23,500 in bribes. Wilkerson had pleaded guilty to criminal charges of eight counts of attempted extortion last year.
In 2008, she was caught inserting $100 bills in her bra as part of a kickback scam. Wilkerson was accused of taking eight cash payments between 2007 and 2008 from undercover agents and a witness who was secretly working with the FBI. The former state senator was captured on approximately 150 video and audio recordings saying she was going to use some of the money at a casino, as well as to embark upon a sticker campaign in the wake of losing the 2008 Democratic primary.
While prosecutors had pushed for Wilkerson be sentenced to four years in prison, her legal team had argued for less time. The sentence that Wilkerson received is in line with federal sentencing guidelines.
The former state senator, who has been ordered to turn herself in on March 11 so she can start serving her federal prison term, said today that the believes that she was pursued by corrupt federal prosecutors who didn’t like the fact that she was among the politicians that challenged the status quo. Originally, Wilkerson had faced 32 charges of allegedly taking bribes, but the government agreed to drop 24 of the criminal charges. Mail fraud and wire fraud and conspiring to extort cash were among the charges.
Wilkerson sentenced to 3 1/2 years in corruption case, Boston.com, January 6, 2011
Wilkerson guilty of attempted extortion; prosecutors recommend up to 4 years, Boston.com, June 3, 2010
Related Web Resources:
White-Collar Crime, Federal Bureau of Investigation
White-Collar Crime: an overview, Cornell University Law School
Having an experienced Boston white-collar crime lawyer representing you can greatly affect the outcome of your criminal case for the better. Your Massachusetts criminal defense attorney can help win a not guilty verdict or negotiate a successful plea agreement for you. He or she may also be able to get the charges against you dropped or your sentence reduced.