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15 Charleston L. Rev. 689 (2020-2021)
Innocent until Proven Guilty, except on Your Rap Sheet: How the Practice of Leaving Non-Convictions on a Criminal Record Presents Practical and Legal Issues, and What South Carolina Can Do to Fix It

handle is hein.journals/charlwrev15 and id is 719 raw text is: INNOCENT UNTIL PROVEN GUILTY, EXCEPT ON YOUR RAP SHEET: HOW THE PRACTICE OF LEAVING NON-CONVICTIONS ON A CRIMINAL RECORD PRESENTS PRACTICAL AND LEGAL ISSUES, AND WHAT SOUTH CAROLINA CAN DO TO FIX IT Kate Mangan THE PROBLEM..........................................................................690 I. THE WANTING 2018 SOLUTION: SOUTH CAROLINA'S CURRENT EXPUNGEMENT LAW..........691 A. Expungement Eligibility in South Carolina ..........691 B. The Provision for Eligibility of Non-Convictions is Existent, But Insufficient ..................................694 C. South Carolina's Expungement Eligibility Compared With Neighboring States .....................695 1. Georgia: Good on paper but illusory in practice ..............................................................696 2. North Carolina: A better model........................697 II. THE PRACTICE OF LEAVING NON-CONVICTIONS ON A CRIMINAL RECORD IS RIPE FOR CONSTITUTIONAL CHALLENGE .................................698 A. The Current Law Fails to Satisfy Due Process .....699 1. Substantive due process....................................699 2. Procedural due process .....................................701 i. The private interest is great and the risk of erroneous deprivation is high because the current procedure inadequately protects private interests................................................701 ii. Whatever interest the state may have in maintaining a record of non-convictions is already served by the code ................................703 B. The Current Procedure Violates Equal P rotection ...............................................................705 III. PROPOSED SOLUTIONS ................................................ 708 689

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