How to Obtain a Pardon in South Carolina: Eligibility, Timelines, and Board Hearings

When an expungement is legally impossible because of the type or number of convictions on your record, a pardon is often the best alternative. Under S.C. Code Ann. § 24-21-940, a pardon acts as official state forgiveness, releasing you from direct and collateral legal consequences. While voting rights and the right to hold office return automatically upon sentence completion under S.C. Code Ann. § 7-5-120(B)(3), a pardon under S.C. Code Ann. § 24-21-990 is essential to restore jury duty eligibility and remove professional licensing barriers. While employers will still see the conviction on a background check, the pardon will also appear, demonstrating that you have been fully rehabilitated and forgiven by the state.

Applying for a pardon requires gathering substantial documentation, character references, and presenting a compelling case to the parole board. Because the board has absolute discretion to approve or deny applications, many residents use our directory to hire a local South Carolina lawyer to prepare their packet and advocate for them at the hearing.

Step-by-Step Process in South Carolina

Whether you reside in Columbia, Charleston, or Greenville, the pardon process is centralized and handled by the state. Here are the specific steps you must take to seek a pardon.

Step 1: Determining Your Eligibility

You cannot apply for a pardon while you are actively serving your sentence. Under S.C. Code Ann. § 24-21-950(A), probationers and individuals who completed their prison sentences without parole are eligible to apply anytime after discharge from supervision or imprisonment. Parolees may be considered after successfully completing five years under supervision or upon full discharge. However, you must have paid all court-ordered victim restitution in full pursuant to S.C. Code Ann. § 17-25-322 before your application can be considered. There is no mandatory one-year waiting period for initial applications; the one-year waiting period under S.C. Code Ann. § 24-21-960(B) applies only if the board previously denied your pardon request.

Step 2: Preparing the Application and References

The foundation of your request is the official SCDPPPS Application for Pardon. In addition to personal and criminal history details, the state requires at least three letters of reference. These references cannot be from family members. They should be from employers, community leaders, or clergy who can attest to your good character and rehabilitation.

Step 3: Submitting to the State Agency

Your completed application, letters of reference, and the non-refundable filing fee must be mailed to the South Carolina Department of Probation, Parole and Pardon Services, Columbia. Once received, the agency will conduct a comprehensive background investigation into your life since the conviction. They will verify your employment, check for new criminal charges, and speak with your references.

Step 4: Attending the Board Hearing

If your application passes the initial investigation, you will be scheduled for a hearing before the Board of Paroles and Pardons. While you are not legally required to attend, appearing in person with an attorney significantly increases your chances of success. The board will ask you about your past offenses, what you have learned, and why you are seeking a pardon. Precedents like State v. Baucom, 340 S.C. 339 (SC Supreme Court 2000) illustrate how pardons interact with collateral consequences of convictions, emphasizing the board's heavy reliance on demonstrated behavioral changes.

How Much Does it Cost in South Carolina?

The financial costs associated with a pardon are generally lower than those for complex civil litigation, but you must still prepare a budget.

• State Application Fee: The South Carolina Department of Probation, Parole and Pardon Services requires a $100 application fee.
• Attorney Fees: Most local lawyers charge a flat fee for pardon applications, generally ranging from $1,500 to $3,500. This includes preparing the petition, coaching you for questions, and appearing with you at the hearing.
• Court Document Fees: You may need to pay nominal fees (usually $10 to $30) to local courts to obtain certified copies of your final sentencing documents showing all fines were paid.

How Long Does the Process Take?

Patience is mandatory when applying for a pardon in South Carolina. After submitting your application to the agency, the background investigation typically takes 7 to 9 months to complete. Once the investigation concludes, it may take another 2 to 3 months to secure a hearing date on the board's docket. Overall, expect the entire process to take roughly one year.

Frequently Asked Questions (FAQ)