Pardon means that an individual is fully forgiven from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else the law has provided. An arrest without a disposition cannot be pardoned.
The Board of Paroles and Pardons shall determine if the individual is eligible for a pardon after reviewing the pardon application based upon the following criteria:
Probationers: Probationers are eligible to be considered for a pardon anytime after discharge from supervision, provided all restitution and collection fees have been paid in full.
Parolees: Parolees are eligible to be considered for a pardon: 1) Anytime after the successful completion of five years under supervision; 2) Anytime after the date of discharge of successful completion of the maximum parole period, if less than five years. No person will be granted a pardon unless all restitution and collection fees have been paid in full.
Persons Discharged from a Sentence: Anytime after the date of discharge, provided all restitution and collection fees have been paid in full.
Inmates with Terminal Illness: Anytime after the inmate is afflicted with a terminal illness with a life expectancy of one year or less. The Board will decide, based upon the application and findings, whether or not the evidence comprises a terminal illness with a life expectancy of less than one year. Two separate doctors statements documenting life expectancy must be attached to the application. All restitution and collection fees must be paid in full.
Inmates: Anytime prior to becoming parole eligible upon proof of the most extraordinary circumstances. The Board will decide, based upon the application and findings, whether or not the evidence comprises the most extraordinary circumstances. All restitution and collection fees must be paid in full.
: An Order of Pardon shall be signed by at least two thirds of the members of the Board. Upon a favorable consideration by the Board, the Director of the Department of Probation, Parole and Pardon Services shall issue a Pardon Certificate. A pardon order obtained by fraud is void.
A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:1 ) Register to vote; 2) Vote; 3) Serve on a jury; 4) Hold public office, except as provided in Section 16-13-210; 5) Testify without having the fact of the conviction introduced for impeachment purposes except to the extent provided by rule 609 of the South Carolina Rules of Evidence ;6) Not have testimony excluded in a legal proceeding if convicted of perjury; 7) Be licensed for any occupation requiring a license.
NOTE: It should be noted that an individual regains the rights to register to vote and to vote when the entire sentence has been satisfied. S.C Code §7-5-120 (B)(3) provides that a person is disqualified from being registered or voting if he is convicted of a felony or offenses against the election laws, unless the disqualification has been removed by service of the sentence, including probation and parole time unless sooner pardoned.
Does a pardon clear (expunge) my record?
Does one need a pardon to register to vote or to vote?
How long will the entire pardon process take?
4) Does a pardon clear me from registering as a sex offender?
Form 1118 (Template)
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