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  1. #1
    Join Date
    Jul 2009
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    Default Felony Expungment in South Carolina

    My question involves expungements or pardons for the state of:

    I was convicted of a felony in S.C. (burglary 3rd degree) when I was 17 under the YOA. The crime occurred when I was 17 I am now 27. I was told by my public defender (who was hired by the state because there was another defendant involved who also had a public defender) to plead guilty. I was not informed of the repercussions it would have on my life. My public defender has since been disbarred. I have served in the usmc and I have 2 associates degrees. Is there anything other than a pardon I can do to get this off my record? Appeal or misrepresentation? And if I get a pardon now can I get it expunged after the 15 year mark.

  2. #2
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    Default Re: Felony Expungment in South Carolina

    What would have changed had you known more about the consequence of a criminal record? You had already committed the crime, right? You were guilty, right? Your desire for a clean record wouldn't have inspired the prosecutor to drop the charges.

    Read this thread. I expect you're thinking of South Carolina Statutes, Section 22-5-920, "permitting expungement following a first offense conviction as a youthful offender. The defendant after fifteen years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction." That would appear to be your remedy. As is explained here, a pardon doesn't clear your record.

  3. #3
    Join Date
    Jul 2009
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    2

    Default Re: Felony Expungment in South Carolina

    Quote Quoting Mr. Knowitall
    View Post
    What would have changed had you known more about the consequence of a criminal record? You had already committed the crime, right? You were guilty, right? Your desire for a clean record wouldn't have inspired the prosecutor to drop the charges.

    Read this thread. I expect you're thinking of South Carolina Statutes, Section 22-5-920, "permitting expungement following a first offense conviction as a youthful offender. The defendant after fifteen years from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction." That would appear to be your remedy. As is explained here, a pardon doesn't clear your record.
    Had I known the consequences I would not have pled guilty. I wanted to take responsibility for my actions ,but it seems to me it is harder to get an expungement if you plead guilty. Also I believe that Section 22-5-920 has been changed. As of June, after five years you can apply for an expungement.

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