A felony conviction carries more than just a prison sentence or fines—it can affect your rights for years to come. In many cases, convicted felons lose the right to vote, own firearms, serve on a jury, or hold certain professional licenses. These restrictions can make it difficult to rebuild your life even after serving your time. Understanding the long-term consequences of a felony conviction is essential if you are facing serious charges, as some penalties may result in lifetime bans on certain rights.
If you have been charged with a felony, it’s important to take action to protect your future. A strong legal defense can help you fight the charges or minimize their impact. Contact Touma Law at 864-618-2323 to speak with a Greenville felony defense attorney to discuss your case and explore your legal options.
Can You Vote After a Felony Conviction?
In South Carolina, individuals convicted of a felony lose their right to vote while incarcerated, on probation, or parole. Once the full sentence is completed, including any supervised release, voting rights are automatically restored. However, individuals must re-register to vote before they can participate in elections again.
Felony Convictions That Typically Lead to Voting Disenfranchisement
Most felony convictions in South Carolina result in a temporary loss of voting rights. Some common felony offenses that can lead to disenfranchisement include:
- Violent Crimes – Murder, manslaughter, armed robbery, and aggravated assault.
- Drug-Related Felonies – Trafficking, possession with intent to distribute, and manufacturing controlled substances.
- Theft and Fraud – Grand larceny, embezzlement, and identity theft.
- Sex Crimes – Criminal sexual conduct, child exploitation, and certain offenses requiring sex offender registration.
How Voting Rights Can Be Restored
Once a person has served their full sentence, including probation or parole, they regain their right to vote. However, South Carolina does not automatically update voter registrations. To vote again, individuals must:
- Confirm Sentence Completion – Ensure all incarceration, probation, and parole obligations are fulfilled.
- Re-Register to Vote – Submit a new voter registration application through the South Carolina Election Commission.
- Meet Registration Deadlines – Ensure registration is completed before the state’s cutoff date for upcoming elections.
For the most up-to-date and detailed information, individuals should check with the South Carolina Election Commission.
Can You Own a Firearm If You’re a Convicted Felon?
In South Carolina, as in the rest of the U.S., federal law prohibits convicted felons from possessing firearms. Additionally, South Carolina law (S.C. Code § 16-23-30) makes it illegal for anyone convicted of a felony offense to own or possess a firearm.
South Carolina’s Firearm Ban for Felons
South Carolina enforces a lifetime ban on firearm ownership for felons unless their rights are restored. This applies to all felonies, including:
- Violent crimes such as murder, armed robbery, or aggravated assault.
- Drug-related felonies, including trafficking or possession with intent to distribute.
- Weapons offenses, such as unlawful possession of a firearm by a felon.
Even if a felony conviction occurred in another state, South Carolina law still applies if the individual resides in or attempts to possess a firearm within the state.
Restoring Firearm Rights in South Carolina
A felon in South Carolina may be able to regain firearm rights through:
- A Pardon From the Governor – A full pardon restores fundamental rights, including the right to own a firearm.
- Expungement – Some non-violent offenses may be eligible for expungement, but most felonies in South Carolina cannot be erased.
- Federal Relief – If the federal government restores an individual’s firearm rights, they may regain eligibility under South Carolina law.
Anyone seeking to restore their gun rights should consult a criminal defense lawyer, as the process can be complex and dependent on the specifics of the conviction.
Can Felons Serve on a Jury?
A felony conviction can affect a person’s ability to serve on a jury in South Carolina. Under S.C. Code § 14-7-810, individuals convicted of a crime punishable by more than one year in prison are disqualified from serving as jurors. This applies to both state and federal felonies.
Felons are typically permanently disqualified from jury duty unless their rights are restored. This restriction applies to both:
- Petit juries (trial juries) in criminal and civil cases.
- Grand juries, which decide whether to issue indictments.
Even if a felony conviction occurred in another state, South Carolina courts still enforce the restriction if the individual is a resident.
Can Jury Eligibility Be Restored?
There are limited ways for a felon to regain the right to serve on a jury in South Carolina:
- Pardon From the Governor – A full pardon restores all legal rights, including jury service eligibility.
- Expungement – If a conviction is expunged, the person is no longer legally considered a felon and may qualify for jury duty. However, most felonies in South Carolina are not eligible for expungement.
Without a pardon or expungement, a convicted felon remains disqualified from serving on a jury.
Can a Felony Conviction Affect Your Ability to Hold Public Office?
A felony offense can impact your ability to run for or hold public office, but the restrictions vary depending on the position and jurisdiction. Some offices have strict disqualifications, while others may allow felons to serve under certain conditions.
Restrictions on Running for or Holding Government Positions
In South Carolina, a felony conviction can impact a person’s ability to run for or hold public office. State laws outline specific restrictions, but in some cases, rights may be restored. Understanding these rules is essential for anyone considering a government position after a conviction.
- Federal Offices – The U.S. Constitution does not prohibit felons from running for Congress or the presidency, but political parties and voters may consider a criminal record when deciding on candidates.
- State and Local Offices – Many states, including South Carolina, bar felons from holding public office unless their civil rights have been restored. This often includes positions like governor, state legislator, and local officials.
- Appointed Positions – Felony convictions may disqualify individuals from serving in appointed government roles, particularly those involving law enforcement, public trust, or fiduciary responsibilities.
Possible Ways to Regain Eligibility
Regaining eligibility to run for public office in South Carolina after a felony conviction depends on factors like the nature of the offense and whether fundamental rights have been restored. Understanding the legal process can help those seeking to restore their eligibility.
- Pardon or Clemency – In many states, receiving a pardon from the governor can restore the right to hold office.
- Expungement or Record Sealing – Some convictions may be eligible for expungement, which removes the record from public view and can help restore American rights.
- State-Specific Restoration Processes – Some states allow felons to regain eligibility through court petitions or legislative action.
If you have been convicted of a felony and are unsure about your rights or options, consult a criminal defense lawyer who can help you navigate the legal process and determine your next steps.
Can a Felony Conviction Impact Your Parental Rights?
A felony conviction can affect custody and visitation rights, but the extent depends on the nature of the crime, the child's best interests, and the circumstances surrounding the case. Family courts prioritize the well-being and safety of the child when making custody decisions.
A felony conviction does not automatically strip a parent of custody or visitation rights, but courts will consider several factors, including:
- The Type of Felony – Violent crimes, sex offenses, child abuse, and drug-related convictions are more likely to impact custody.
- The Time Since the Conviction – Older convictions may carry less weight if the parent has demonstrated rehabilitation.
- Parental Fitness – If a parent’s criminal history suggests they cannot provide a safe and stable environment, the court may limit their custody rights.
- Probation or Incarceration – If a parent is serving time or on probation, it may restrict their ability to care for the child.
A judge will evaluate whether the felony presents a risk to the child. If a parent has a history of violence, substance abuse, or neglect, it may result in:
- Sole Custody Awarded to the Other Parent – If the felony raises concerns about the child's safety, the other parent may receive sole custody.
- Supervised Visitation – The court may allow the convicted parent to visit under supervision, especially if there is a history of violence or substance abuse.
- Termination of Parental Rights – In extreme cases, such as convictions for child abuse or certain violent crimes, parental rights may be permanently terminated.
A felony conviction does not always prevent a parent from maintaining a relationship with their child, but it can complicate custody proceedings. Courts will assess the situation carefully to ensure the child’s best interests are protected.
Can I Travel Internationally With a Felony on My Record?
Having a felony conviction can make international travel more complicated, but it doesn’t always prevent you from leaving the United States. The ability to travel depends on both U.S. laws and the entry requirements of the country you want to visit.
Most felons can obtain a U.S. passport unless they:
- Have outstanding warrants or are on probation or parole with travel restrictions.
- Were convicted of drug trafficking across international borders.
- Owe significant unpaid child support (over $2,500).
A passport allows travel, but it does not guarantee entry into another country.
Country-Specific Entry Restrictions
Many countries have strict policies on admitting travelers with criminal records. For example:
- Canada – Denies entry to most felons but may allow travel with a Temporary Resident Permit or Criminal Rehabilitation.
- United Kingdom – May deny entry based on the severity of the crime and time since the conviction.
- Australia – Requires a special visa for travelers with felony records.
- Mexico – Can refuse entry but often does not check criminal records for tourists.
Before traveling, check the specific country’s immigration rules and consider applying for any necessary waivers or permits.
Will a Felony Prevent Me From Receiving Government Benefits?
A felony conviction in South Carolina can affect eligibility for certain government benefits, but the impact depends on the type of benefit and the nature of the conviction.
- Social Security & Medicare: A felony conviction does not automatically disqualify you from receiving Social Security or Medicare benefits. However, if you are incarcerated, these benefits are suspended and resume upon release.
- Unemployment Benefits: Felons in South Carolina may qualify for unemployment benefits, but eligibility depends on factors like prior employment and whether the conviction was related to workplace misconduct.
- Food Stamps & Public Assistance: A felony conviction may limit eligibility for food stamps and public assistance, but exceptions and reinstatement options exist.
- SNAP (Food Stamps) & TANF (Cash Assistance): South Carolina restricts benefits for individuals with certain drug-related felonies, but eligibility may be restored if the person completes a treatment program or meets parole conditions.
- Housing Assistance (Section 8): Federal law allows public housing authorities to deny assistance to felons, especially those with drug, violent crime, or sex offense convictions. Each case is reviewed individually.
- Education & Financial Aid: A felony conviction can affect eligibility for financial aid, but some restrictions may be temporary or appealable.
- Federal Student Aid (FAFSA): A felony conviction does not automatically disqualify applicants in South Carolina, but drug-related convictions while receiving aid can temporarily impact eligibility.
Felony convictions may create obstacles, but many benefits can be reinstated after fulfilling legal requirements, parole conditions, or rehabilitation programs.
Can I Get a Felony Removed From My Record?
In South Carolina, felony expungement is limited and only available for specific offenses. However, some individuals may qualify for a pardon, which restores certain rights but does not erase the conviction.
Expungement Eligibility
Most felony convictions cannot be expunged in South Carolina. However, expungement may be possible if:
- The charge was dismissed, or you were found not guilty.
- You completed a pre-trial intervention (PTI) program for an eligible offense.
- The felony was a first-time, nonviolent drug possession offense, and you completed all sentencing requirements.
Pardons in South Carolina
A pardon does not remove a conviction from your record, but it restores certain civil rights, such as voting and firearm ownership. The South Carolina Department of Probation, Parole, and Pardon Services handles pardon applications.
To seek expungement or a pardon, you typically need to:
- Determine eligibility based on your conviction type.
- File a petition with the appropriate court or agency.
- Attend a hearing, if required.
Since the process is complex, consulting an attorney can help you explore your options.
Protect Your Future Before a Conviction
A felony conviction can have lasting collateral consequences that affect many aspects of your life. Losing rights such as voting, firearm ownership, and employment opportunities can make it difficult to move forward. While some rights may be restored through legal processes, others may be permanently revoked, depending on the nature of the conviction.
If you are facing felony charges, the best way to protect your future is to have an experienced defense lawyer on your side. The right legal strategy can make a difference in the outcome of your case. Contact our firm today to discuss your options and build a strong defense.
