GAY v. ARIAIL

No. 26592.

381 S.C. 341 (2009)

673 S.E.2d 418

Larry Tucker GAY, Jr., Appellant, v. Robert M. ARIAIL, in his official capacity as Solicitor, Thirteenth Judicial Circuit, and the South Carolina Law Enforcement Division, Respondents.

Supreme Court of South Carolina.

Decided February 9, 2009.


Attorney(s) appearing for the Case

Jon Rene Josey, of Turner, Padget, Graham & Laney, of Florence, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Attorney General David Spencer, of Columbia, for Respondent.


Justice WALLER.

Appellant, Larry Tucker Gay appeals an order of the circuit court finding him ineligible to apply for expungement of his criminal record. We reverse.

FACTS

In 1990, when he was twenty-two years old, Gay pled guilty to assault and battery of a high and aggravated nature (ABHAN). He received a ten-year sentence, suspended on five years probation. Sixteen years later, in June 2006, Gay sought to have the record of that conviction expunged...

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