State v. Salmon

Appellant was indicted for murder and assault and battery with intent to kill. At a bench trial, a verdict of not guilty by reason of insanity was directed. Appellant, appearing at a different proceeding, requested that his police record be destroyed pursuant to § 17-1-40 S. C. Code Ann. (1976). Appellant now appeals from the circuit court order denying his request to expunge his record.

Section 17-1-40 states:

Any person who after being charged with a criminal offense and such charge is discharged or proceedings against such person dismissed or is found to be innocent of such charge the arrest…