This pamphlet provides an overview on pardons. Topics covered include types of pardons, the effect of a pardon, and presidential pardons for federal crimes.
South Carolina USLegal Pamphlet on Pardons or Clemency
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Based on the amount of information on the application that must be verified and the large number of applicants, the pardon process can be lengthy. It takes an average of seven to nine months from the time the paperwork is received until a hearing date is scheduled.
The biggest benefit of obtaining a pardon is restoring rights you lost when you were convicted, such as being eligible for government aid again. There are several other reasons why you should consider applying for a pardon for your misdemeanor or felony.
To get a pardon in South Carolina, you must first submit an application to DPPPS. The pardon application is available online (here) or you can request one from the Department. Currently, the application fee is $100.
You have completed your sentence ? Sentence includes any term of probation or parole. If you are on parole ? You have been on parole for at least 5 years. If you are in prison ? The Board will consider a pardon if you have an extraordinary situation.
Traffic offenses cannot be expunged in SC ? this includes DUI or DUAC convictions, reckless driving, or driving under suspension (DUS), but reckless driving can be sent to PTI and expunged if you successfully complete the program.
Clemency is an important part of the criminal justice system that can: incentivize accountability and rehabilitation; increase the safety of the people working and serving sentences in our jails and prisons; increase public safety by removing counterproductive barriers to successful reentry; and.
A pardon restores rights that you lost upon being convicted, but it does not ?erase? your criminal record. To clear your criminal history completely, you must have an expungement. A pardon, however, is a necessary step in the process toward expungement for some serious crimes.
Restoration of Key Rights If you are convicted of a felony, you will lose your right to own a gun, receive a passport, serve on a jury, and hold public office. Receipt of a pardon restores these rights, enabling you to become an integral member of your community.
A convicted felon can get their gun rights back by expunging their felony convictions, applying for a restoration of gun rights, or requesting a pardon from the governor. If you were convicted of a crime that is considered a ?nonviolent felony,? you may be eligible to apply for an expungement of your convictions.