H.4442 would make all misdemeanor offenses eligible for expungement. This is particularly relevant for legislators who are subject to the Ethics Act, which only contains one felony. In other words, almost all crimes that could be committed by abusing elected office could be wiped off ones’ record by H.4442.

Whether or not all non-ethics related misdemeanors should be eligible for expungement is up for debate. However, lawmakers should not be using their power to provide themselves further protection against any penalties for malfeasance. Crimes committed by abuse of official powers shouldn’t be available for expungement.

By South Carolina Policy Council

Since 1986 the South Carolina Policy Council Education Foundation has advocated innovative policy ideas that advance the principles of limited government and free enterprise. The Policy Council is the state’s meeting place for business leaders, policymakers, and academics – as well as engaged citizens – who want to see South Carolina become the most free state in the nation. For questions or comments on the articles on this website, please email Research Director Jamie Murguia.