Probation is ordered by a judge as an alternative to incarceration and allows the convicted person to remain in the community. Parole is ordered by the Board of Paroles and Pardons and allows the convicted person to complete their sentence in the community. A pardon means that the individual is fully forgiven from all the legal consequences of his crime and his conviction. For example, it is possible for someone to receive a probation sentence without ever going to prison, typically for non-violent, first offenses. Someone who serves a prison sentence can be allowed by the State Board of Paroles and Pardons to serve that sentence in the community.
Once they turn in the Pardon application, which consists of letters of reference and a fee, it is then investigated by Agents in the county where the first offense occurred. When the investigation is completed, it is given to the Paroles and Pardons Board for a hearing.
The entire process, from the date the application is received until a pardon hearing date is set, takes an average of seven to nine months. Cases are scheduled in the order in which the pardon applications are received.
For non-violent crimes, every year, once eligible. For violent crimes committed before Jan. 1, 1996, every two years once eligible, assuming no other law prevents a parole hearing.
No. The conviction will still appear on your criminal history; however, an entry will be added showing the conviction has been pardoned. Keep this in mind when completing a job application.
A pardon for the state of South Carolina only restores your South Carolina rights. If your record reflects federal or charges from other states which prohibit you from owning a weapon, you will still be prohibited from owning one after receiving a pardon from South Carolina.
No. Once the sentence is satisfied, including completion of any term of probation, parole or community supervision, you automatically regain your right to vote.
Not automatically. The SC Department of Motor Vehicles (DMV) is the agency that issues driver’s licenses. Because the DMV suspended your license, it is the only agency that can reinstate it. You should contact the DMV to see if it is possible to get your license reinstated, and what steps you must take to do so.