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South Carolina

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for an acquittal or a new trial based on new evidence or legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the Circuit Solicitor’s Office (District Attorney’s Office) where the case was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The South Carolina Attorney General (AG) represents the state on direct appeal. To receive appeal updates, victims can contact the Victim Advocacy Division of the AG’s Office at (803-737-3739) or toll-free at (800-213-5652).

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The South Carolina Attorney General (AG) represents the State in state post-conviction proceedings. To receive updates on the state’s post-conviction process, victims can contact the Post-Conviction Relief section of the AG’s Office by calling (803) 734-3737. Victims can also call the Victim Advocacy Division of the AG’s Office at (803-737-3739) or toll-free at (800-213-5652).

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under South Carolina law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Capital and Collateral Litigation section of the South Carolina Attorney General’s Office represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the Victim Advocacy Division of the AG’s Office at (803-737-3739) or toll-free at (800-213-5652).

Early Release Programs

These programs can include parole, earning time off a sentence for good behavior, or participating in certain programs in prison.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in South Carolina, including parole, special parole for veterans to receive psychiatric treatment, mental illness parole, medical parole, or earning “credits” for good behavior in prison or for participating in certain academic, technical or vocational programs.
  • Victims can track the status of an incarcerated person through the South Carolina Department of Corrections (DOC) Search. For automated notifications, victims can register for South Carolina VINE. To receive early release notifications, victims can register with the South Carolina Department of Probation, Parole & Pardon Services’ Office of Victim Services by completing a notification form online. Victims can contact the Office of Victim Services via email at victimservices@ppp.sc.gov or by telephone at 803-734-4770. 

Clemency

In rare cases, the Board of Paroles and Pardons may grant the convicted person relief from their sentence or conviction.
  • The Board of Paroles and Pardons can grant clemency to people convicted under South Carolina law. In South Carolina, clemency typically takes the form of a pardon, which officially forgives an individual for a crime.
    The governor also has some clemency power. They may grant a temporary delay in the execution of a sentence (called a “reprieve”) or change a sentence of death to a sentence of life imprisonment (called a “commutation”).
  • To receive pardon notifications, victims can register with the South Carolina Department of Probation, Parole & Pardon Services’ Office of Victim Services by completing a notification form. For more information on pardons, victims can contact the Office of Victim Services by email at victimservices@ppp.sc.gov or by phone at 803-734-4770 or 1-888-551-4418 (toll-free). 

Victims Rights
Post-Conviction

In South Carolina, victims have the right to:
  • Be treated with fairness, respect, and dignity, and be free from intimidation, harassment, or abuse
  • Be reasonably protected throughout the criminal justice process
  • Notification of the status and progress of the appeal or other post-conviction proceedings*
  • Notification of any proceeding when any post-conviction action is being considered*
  • Prompt and final conclusion of the case
  • Notification when the convicted person is released from custody, has escaped, or is transferred to a less secure facility*
  • Be present at any post-conviction hearing involving a post-conviction release decision.
  • Prompt return of property when it is no longer needed as evidence

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Crime Victim Compensation Fund reimburses victims for expenses related to the crime such as medical care, lost wages, and funeral costs.
  • Victims can find out more information about unpaid restitution by contacting the Department of Probation, Parole, and Pardon Service’s Victim Services Unit by phone at (803) 734-4770. Answers to other frequently asked questions about restitution are available here. For applications to and information about the Crime Victim Compensation Fund, victims can contact the Department of Crime Victim Compensation by email or by phone at 803-734-1900. Applications must be filed within 4 years of the crime.
Click here to learn more about the post-conviction process and victims’ rights in South Carolina

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