Gay v. Ariail, 381 S.C. 341

Summary

The Supreme Court of South Carolina held that a person who met the statutory definition of a youthful offender could apply for expungement even if sentenced under an adult penalty provision. The court reversed the circuit court's determination that Larry Tucker Gay was ineligible to have his expungement application considered, while noting that expungement remained discretionary.

Holdings

1. A defendant who meets the statutory definition of a youthful offender is convicted as a youthful offender for purposes of South Carolina Code section 22-5-920(B), regardless of whether the court imposes a sentence under an adult penalty provision.
2. Gay was eligible to apply for expungement consideration because he was between seventeen and twenty-five when convicted, pleaded guilty to a nonviolent misdemeanor, and satisfied the first-offense requirements identified by section 22-5-920(B).

Questions Presented

1. Whether a person who met the statutory definition of a youthful offender at the time of conviction was eligible to apply for expungement under South Carolina Code section 22-5-920(B), even though the person was sentenced under an adult penalty provision.
2. Whether Gay's conviction qualified for expungement consideration as a first, nonviolent misdemeanor conviction committed when he was between seventeen and twenty-five years old.

Disposition

reversed