Gay v. Ariail

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. The circuit court held that because Gay was sentenced as an adult, he was ineligible for expungement under S.C.Code Ann. § 22-5-920(2007).

ISSUE

Did the court err…