§ 23-3-462 — Termination of registration requirements.

South Carolina § 23-3-462

• Jurisdiction: South Carolina
• Title 23: LAW ENFORCEMENT AND PUBLIC SAFETY
• Ch. 3: SOUTH CAROLINA LAW ENFORCEMENT DIVISION

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(A) After successful completion of the requirements of this section, an offender may apply to the South Carolina Law Enforcement Division for the termination of the requirements of registration pursuant to this article. If it is determined that the offender has met the requirements of this section, SLED shall remove the offender's name and identifying information from the sex offender registry and shall notify the offender within one hundred twenty days that the offender has been relieved of the registration requirements of this article. (1) A Tier I offender may file a request for termination of the requirement of registration with SLED in a form and process established by the agency, if the person: (a) has been registered for at least fifteen years; or (b) has been discharged from incarceration without supervision for at least fifteen years for the charge requiring registration; or (c) has had at least fifteen years pass since the termination of active supervision of probation, parole, or any other alternative to incarceration for the charge requiring registration; or (d) is a Tier I offender who was required to register as an offender because of a conviction in another state or because of a federal conviction and who is eligible to be removed under the laws of the jurisdiction where the conviction occurred. (2) A Tier II offender may file a request for termination of the requirement of registration with SLED in a form and process established by the agency, if the person: (a) has been registered for at least twenty-five years; (b) has been discharged from incarceration without supervision for at least twenty-five years for the charge requiring registration; (c) has had at least twenty-five years pass since the termination of active supervision of probation, parole, or any other alternative to incarceration for the charge requiring registration; or (d) is a Tier II offender who was required to register as an offender because of a conviction in another state or because of a federal conviction and who is eligible to be removed under the laws of the jurisdiction where the conviction occurred. (3) An offender who was convicted as an adult, and who is required to register as a Tier III offender may not file a request for termination of registration with SLED nor shall any such request be granted pursuant to this subsection. (4) The requesting offender must have successfully completed all sex offender treatment programs that have been required. (5) The requesting offender must not have been convicted of failure to register within the previous ten years. (6) The offender must not have been convicted of any additional sexual offense or violent sexual offense after being placed on the registry. (7) A filing fee, as set by SLED but not to exceed two hundred fifty dollars, shall be paid to file the request for termination of registration requirements. The initial application may be filed with SLED and the administrative review may begin one hundred twenty days prior to the date specified in subsection (A)(1); however, any removal may not occur prior to the date specified. (B) Upon receipt of the request for termination, SLED shall review documentation provided by the offender and contained in the offender's file and the sex offender registry to determine whether the offender has complied with the requirements of this section. In addition, SLED shall conduct fingerprint-based state and federal criminal history checks to determine whether the offender has been convicted of any additional sexual offenses, as defined in Section 23-3-430. (C) If all the requirements of this section are verified, SLED shall, within one hundred twenty days of receipt of the request for termination, remove an offender's name from the registry and notify the offender that the offender is no longer required to comply with the registry requirements of this article. (D) If it is determined that the offender has been convicted of any additional sexual offenses or violent sexual offenses during the applicable period, has not substantially complied with this section, or an objection has been filed by the original prosecuting agency, SLED shall not remove the offender's name from the sex offender registry and shall notify the offender that the offender has not been relieved of the provisions in this article. (1) If an offender is denied a termination request, the offender may petition again for termination with SLED no sooner than five years after the previous denial. (2) If an offender is denied a termination request based on conviction of any additional sexual offenses or violent sexual offenses, the offender may not submit a petition to SLED for termination unless the subsequent conviction is overturned or pardon granted. (E) An offender whose request for termination of registration requirements is denied by SLED is entitled to appeal the denial to the general sessions court pursuant to the requirements of Section 23-3-463 for the county in which the conviction occurred if the conviction occurred within the State, or if not, the county in which the offender resides. Individuals placed on the registry as a juvenile should petition the family court that adjudicated them delinquent. The SLED official who denied the request for termination of registration requirements may submit an affidavit to the court detailing the reasons the request was denied. (F) If a person is convicted of multiple offenses requiring registration, and the offenses fall within different tiers, the person only may petition for removal of the registration requirement once the required time passes for the highest tier offense they have been convicted of that requires registration. If a petition based upon this section is denied, the person may not petition again until five years after the date of the final order.

Legislative History

HISTORY: 2022 Act No. 221 (H.4075), SECTION 4, eff May 23, 2022; 2025 Act No. 57 (S.28), SECTION 3, eff May 22, 2025; 2025 Act No. 58 (S.29), SECTION 8, eff May 22, 2025. Code Commissioner's Note At the direction of the Code Commissioner, the amendments to (A) made by 2025 Act No. 57 and 2025 Act No. 58 were read together. Editor's Note 2022 Act No. 221, SECTION 8, provides as follows: "SECTION 8. This act is retroactive and shall apply to any resident of this State who currently is required to register as a sex offender pursuant to the provisions of Article 7, Chapter 3, Title 23, and who meets the requirements set forth in the act." 2025 Act No. 57, SECTION 4, provides as follows: "SECTION 4. The State Department of Education, the South Carolina Law Enforcement Division, and the Attorney General's Office, as appropriate, shall develop and implement a policy to educate and notify students of the provision of this act. The State Department of Education must file a report as to the status of the adoption and implementation of the education policies under this act to the Governor, the President of the Senate, and the Speaker of the House of Representative, by July 1, 2026." 2025 Act No. 57, SECTION 5, provides as follows: "SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective." Effect of Amendment 2025 Act No. 57, SECTION 3, rewrote (A). 2025 Act No. 58, SECTION 8, rewrote (A).