South Carolina Felony Pardon Procedure

[Buckeye Dan]

Criminal sexual misconduct 3rd degree

South Carolina about 10 years ago. It's a class E felony there. The person now lives in Ohio and wants to be removed from firearms disability. Can it be done? Is this one of those crimes that only the Governor can excuse or is there an alternate route?

 

[kingpin008]

The person needs to hire a lawyer.

 

[Busyhands94]

a darn good one too.

 

[Buckeye Dan]

Why must a lawyer be hired in order to query others with similar experiences here on this forum?

The other folks that have been through this either used a governors pardon, some unknown avenue through the courts or it can't be done. Paying a lawyer to share the experiences of thehighroad members that have already traversed this path would be stupid.

We don't want a lawyer. We want experienced individuals that have been through this. The path of least financial resistance. Lawyers suck at that. The public can file anything a lawyer can file and do it for free.

 

[Davek1977]

The public can file anything a lawyer can file and do it for free.

theres a saying about the person representing themselves as having a fool for a client. Theres a reason lawyers go to law school, and thats typically to be experts in the field of law, instead of being John Doe who thinks he can beat the system on their own. Considering the seriousness of the offense, I don't see a pardon coming this person's way very easily. In SD, pardons...for ANY crime....require an absolute STELLAR record in every accord, from the moment that person is back on the streets. A clean record doesn't do it alone....community service, and going "above and beyond" is required to even be considered. The people referring you to an attorney have your (ahem...your "friend's") best interest at heart if they want this resolved favorably. Even WITH a competent attorney, the chances of a pardon aren't very high, based on what I've seen and what research i've done, considering the nature of the offense

 

[kingpin008]

Why must a lawyer be hired in order to query others with similar experiences here on this forum?

Because the process is likely to be a long and complicated one for the individual looking to have their record restored. I would think that such an individual would want the best advice and assistance possible, not the word of some random schmoe on the internet.

We want experienced individuals that have been through this.

Lawyers are experienced. It's their job to go through that stuff.

The path of least financial resistance.

You get what you pay for. Do you want it done right and done well, or do you want it done cheaply?

The public can file anything a lawyer can file and do it for free.

Yes, but a lawyer likely knows how to prepare and file it better, so that there's the best chance of it being effective.

 

[Buckeye Dan]

I just get tired of the default answer being "call a lawyer".

DUH!

Sometimes you want to hear what someone with similar experience has done. What they went through. Plan of attack and chances of success. Course of action after the lawyer.

Why have a legal section at all if every answer is call a lawyer?

 

[kingpin008]

I just get tired of the default answer being "call a lawyer".

Perhaps it's the default answer because it's the most appropriate one. DUH!!

Sometimes you want to hear what someone with similar experience has done. What they went through. Plan of attack and chances of success. Course of action after the lawyer.

I can understand that - however, most people in this situation realize that it's over their head, and they need to deal with people who make their living dealing with it. Hence, they called a lawyer.

I'm not saying you or your friend is stupid. I AM saying that a felony case is nothing to toy with. Playing Matlock might be preferrable to you for a number of reasons, but in reality, it's likely going to turn out badly in the end, and then where will you be? Hiring a lawyer anyway.

Why have a legal section at all if every answer is call a lawyer?

Because every answer isn't "call a lawyer."

 

[Buckeye Dan]

OK

Call an Ohio lawyer or a South Carolina lawyer?

If this can only be resolved via a Governor then I am guessing it must be the Governor of South Carolina where the offense took place?

My friend has a limited income and he doesn't need to pay an Ohio lawyer just to hire a SC lawyer to do the work for him when he could have hired the SC lawyer in the first place. Also he can't afford to pay a lawyer only to learn he can't get there from here or his chances are akin to hell freezing over.

If it's never been done or can't be done there is no point in wasting a dime to find that out. My friend is quite capable of writing letters and filling out forms. The less a lawyer has to do the better.

 

[kingpin008]

If the crime took place in South Carolina, I'd imagine that's where he needs to start since technically he has no criminal record in Ohio.

Also, most lawyers offer a one-time consultation for little or no fee. That's going to be your best first step. Have your friend sit down and explain the situation, and they'll be able to tell him where he needs to focus, and what needs to be done. And who knows? If the process is simple enough, the lawyer might just give him a general idea of the process and wish him good luck.

I think we can all appreciate your friend's financial limits, but IMHO, something like this is not the place to pinch pennies. If he can't afford to hire a lawyer, maybe he should save until he can, ya know? To me it's just not worth potentially screwing up and having to start all over again.

 

[Newb223]

I can't help but to wonder if said person should have the right back. I can only imagine what the misconduct was. With that I would say the punishment probably fit the crime. Just my opinion though

 

[Justin]

Why must a lawyer be hired in order to query others with similar experiences here on this forum?

I'm fairly certain that this is the first thread we've had dealing with an attempt to restore the rights of a sexual criminal.

That said, you probably ought to call a lawyer.

 

[Buckeye Dan]

After making a few phone calls and doing some digging on the internet then making another call...I was able to answer my previous question.

<deleted>

To gain a felony pardon in South Carolina...

First of all you do not need a lawyer. In fact a lawyer is of little help if you can appear at your hearing.

Download this form:
http://www.dppps.sc.gov/forms/Pardon Application.pdf

Fill it out and mail it back with a $100 application fee.

Wait for it to be reviewed and a hearing date to be set.

Appear at the hearing. If you can't appear then you would want to pay for a lawyer to represent you.

The woman I spoke to at the help line said that out of all of the pardons that were filed last year 72.3% of them were approved. She also said that people rarely use legal representation for this process because it really is not any more difficult than following the instructions on the forms.

Now this post is a good candidate for locking because it requires no response. It would make a good sticky too. Good luck to everyone in South Carolina trying to clear their records.

 

[cassandrasdaddy]

in va there are church groups who will help with getting records together for the filing thats often the toughest part

 

[Sam1911]

Buckeye Dan has located the information he was seeking, so I've merged that info with the original thread.

 

[btg3]

To keep this gun-related...

Say the pardon is granted. Is the right to own/possess firearms automatically restored or does it depend on state law? Might further legal proceedings be necessary? Can a pardoned individual effectively pursue this without a lawyer?

As to the pardon itself, are there any precedents for asking a female governor to pardon a convicted sex offender? Is anyone familiar with Nikki Haley's stance and voting record on such matters?