Youthful Offender Act Eligibility

[Expungement_Inquiry]

My question involves criminal records for the state of: South Carolina. Did one have to have plead under the Youthful Offender Act to be eligible to use it for expungement purposes later on in life.

[aaron]

If your case was not disposed of under the Act, the Act is irrelevant to your sentence. See S.C. Code Sec. 24-19-10 et seq.

[Expungement_Inquiry]

Thanks Aaron, I had read that link previously but I am looking for exact phrasing that would unqualify myself from applying for expungement under the YOA. To my knowledge my case was not completed under the YOA, so from your above comment I guess I'm not eligible?

[free9man]

That is correct.

[Expungement_Inquiry]

I found a case that might lay some groundwork for young offenders that didn't have their case disposed under the YOA. Now this case only provides favorable consideration to be eligible for an expungement hearing or application and in no way guarantees a expungement.

Check it out: http://caselaw.findlaw.com/sc-suprem...t/1243202.html

[Mr. Knowitall]

That case describes somebody who qualified as a "Youthful Offender", but was improperly denied relief under the Act because he had been sentenced as an adult. You told us at the outset that this was a guilty plea that did not fall under the Youthful Offender Act. Crazy as it seems, we took you at your word.

If you are now stating that you fall under the statutory definition of a "Youthful Offender", such that your plea was in fact accepted subject to the Youthful Offender Act, then yes, you would qualify for any available relief under that Act.