Could a South Carolina student keep a LIFE scholarship while on first-offense drug conditional-discharge probation?

Plain-English summary

In an informal 2000 opinion, a South Carolina assistant deputy attorney general concluded that a student awaiting conditional discharge for a first drug offense could remain eligible for a LIFE scholarship during probation. The analysis depended on the court having deferred proceedings without entering a judgment of guilt under §44-53-450.

The LIFE scholarship statute quoted in the opinion excluded students who had been convicted or pleaded guilty or no contest to specified offenses. The opinion read the conditional-discharge provision together with that exclusion: while probation continued without a judgment, and after a successful discharge and dismissal, the proceeding did not count as the conviction or guilty plea that barred the scholarship in the described circumstances. The opinion did not address a later violation of probation or entry of judgment.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did conditional-discharge probation alone disqualify the student from a LIFE scholarship? A: The opinion said no, where the court had deferred proceedings without entering a judgment of guilt under the first-offense provision it analyzed.

Q: What happened after successful completion of the conditions? A: The quoted statute required discharge and dismissal without an adjudication of guilt, and the opinion treated that result as outside the scholarship exclusion in the circumstances presented.

Q: Did the opinion decide eligibility after a probation violation? A: No. The quoted conditional-discharge statute allowed a court to enter an adjudication of guilt after a violation, but the opinion's answer concerned a student still awaiting discharge without such a judgment.

Background and legal framework

The request asked how the conditional-discharge statute and the LIFE scholarship exclusion interacted. The opinion read §44-53-450's withholding of judgment together with Section 59-149-90's exclusion for certain adjudications, convictions, and pleas. It found no legislative indication that the scholarship provision displaced the first-offense discharge process. The letter expressly said it was an informal opinion of the assistant deputy attorney general, not personally reviewed or formally published by the Attorney General.

Citations and references

• §44-53-450: conditional discharge, probation, and dismissal quoted in the opinion.
• Section 59-149-90: LIFE scholarship eligibility restriction quoted in the opinion.

Official title

As to whether a LIFE scholarship may be awarded to a student who is awaiting a conditional discharge for a first offense pursuant to S.C Code Ann. §44-53-450.

Requester

The Honorable J. Todd Rutherford, Member, House of Representatives

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-27-2000-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/00april-27-rutherford.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHA RLIE CO N DO N
ATTO RNEY GEN ERAL

April 27, 2000

The Honorable J. Todd Rutherford
Member, House of Representatives
Room 432-A Blatt Building
Columbia, SC 29211
Dear Representative Rutherford:
You have requested an informal opinion as to whether a LIFE scholarship may be awarded to a student who is awaiting a conditional discharge for a first offense pursuant to S.C. Code Ann.
§44-53-450 (1976). This statute provides, in part, as follows:

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(a) Whenever any person ... pleads guilty to or is found guilty of possession of a controlled substance under§ 44-53- 370 (c) and (d), except narcotic drugs classified in Schedule I (b) and (c) and narcotic drugs classified in Schedule II, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires . . . . Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions .... (emphasis added).

Section 59-149-90 (Supp. 1999), a pertinent statute relating to the LIFE scholarship program, provides that "(A) Students must not have been adjudicated delinquent or been convicted or pied guilty or nolo contendere to any felonies or any alcohol or drug related offenses . . . in order to be eligible for a LIFE scholarship . .. [except as provided thereinj."'

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The Honorable J. Todd Rutherford
April 27, 2000
Page 2

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Although §59-149-90 bars scholarships for students having pleaded guilty to drug related offenses as provided therein, §44-53-450 expressly provides that a Court may proceed may proceed with a conditional discharge after a guilty plea "without entering a judgment of guilt". Section 59149-90 does not indicate any legislative intent to create an exception to the provisions of §44-53-450 withholdingjudgment. 1 Accordingly, neither the probationary period nor the dismissal under §4453-450 constitute a conviction or a guilty plea under §59-149-90 given that the Court has not entered judgment under these circumstances and that given that successful completion of the terms and conditions results in a discharge and dismissal which" ... is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime " Students would remain eligible for LIFE scholarships while under probation under §44-53450. This letter is an informal opinion. It has been written by the designated Assistant Deputy Attorney General and represents the opinion of the undersigned attorney as to the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion.

If you have further questions, please let me know.

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The " ... primary function in interpreting a statute is to ascertain the intention of the
legislature." South Carolina Department ofHighwys and Public Transportation v. Dickinson. 288
S. C. 134. 341 S. E. 2d 134 (1986). "Where the terms of a statute are clear and unambiguous, there
is no room for interpretation and we must apply them according to their literal meaning." Id. When
possible, statutes addressing the same subject should be construed so as to give effect to both.
Yahnis Coastal, Inc. v. Stroh Brewery, 295 SC 243, 368 SE. 2d 64 (1988)