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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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What kind of sentence does breach of trust under $2000 carry

Customer Question

What kind of sentence or punishment does breach of trust under $2000 carry in South Carolina? Can it be removed from my record?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 2 years ago.
Hello,

Below please find the statute that states what the punishment is for the charge you asked about. It would be considered a misdemeanor and maximum punishment is contained in subsection (B)(1) of the statute.

As for having the conviction expunged. You can see the rules for expungement of criminal charges and convictions at: http://www.scsolicitor9.org/expungement.htm
Basically, charges that don't result in convictions can generally be expunged and only some limited convictions can be. For example, where there was pre-trial intervention (which really isn't a conviction anyway) and also those convictions from magistrate's court. You will want to read the guidance though.

SECTION 16-13-230. Breach of trust with fraudulent intent.

(A) A person committing a breach of trust with a fraudulent intention or a person who hires or counsels another person to commit a breach of trust with a fraudulent intention is guilty of larceny.

(B) A person who violates the provisions of this section is guilty of a:

(1) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the amount is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days;

(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount is more than two thousand dollars but less than ten thousand dollars;

(3) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years if the amount is ten thousand dollars or more.

 

 

 

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