Did a pardon end South Carolina sex offender registration and re-registration duties in 2007?

Plain-English summary

In 2007, the South Carolina Attorney General concluded that a registered sex offender who owned property in Union County remained subject to re-registration despite receiving a pardon. The statute then required registration in each county where a person resided, owned real property, or attended school.

The AG described narrow removal circumstances: a pardon that specifically stated a finding of not guilty, or a qualifying adjudication or conviction reversed, overturned, or vacated on appeal. An ordinary pardon did not itself remove the person from the registry.

Currency note

This opinion was issued in 2007. 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 the pardon automatically remove the person from the registry? A: No. The AG concluded that the person still had to re-register unless one of the exceptions identified in the statute applied.

Q: Why did owning property in Union County matter?
A: The registration statute quoted in the opinion required registration at the sheriff's department in each county where a covered person resided, owned real property, or attended school.

Q: What kind of pardon did the opinion identify as an exception? A: A pardon based on a finding of not guilty specifically stated in the pardon. The opinion also discussed the separate statutory route for a judgment reversed, overturned, or vacated on appeal.

Background and statutory framework

The AG applied sections 23-3-460 and 23-3-430(F) to a registered individual who had received a pardon. The opinion treated the continuing registration duty as the default and the statutory removal routes as exceptions. Its registration frequency and duration reflected the statute as the AG quoted it in 2007.

Citations and references

State statutes: S.C. Code Ann. § 23-3-460; S.C. Code Ann. § 23-3-430(F).

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-28-2007-4/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/stewart-r-m-3-28-07-os-8366-sex-offender-registry.pdf

Original opinion text

March 28, 2007

Robert M. Stewart, Chief
South Carolina Law Enforcement Division
P. O. Box 21398
Columbia, South Carolina 29221-1398
Dear Chief Stewart:
In our telephone conversation you questioned the situation regarding an individual who is presently registered in Union County on this State’s sex offense registry. You indicated that the individual presently owns property in Union County. The question has been raised as to whether that individual is required to re-register in Union County inasmuch as he received a pardon for his conviction. S.C. Code Ann. § 23-3-460 states that
[a] person required to register pursuant to this article is required to register biannually for life...The person required to register shall register and must re-register at the sheriff’s department in each county where he resides, owns real property, or attends any public or private school.... S.C. Code Ann. § 23-3-430(F) states that
[i]f an offender receives a pardon for the offense for which he was required to register, the offender may not be removed from the registry except: (1) as provided by the provisions of subsection (E); or (2) if the pardon is based on a finding of not guilty specifically stated in the pardon. Subsection (E) as referenced above states that SLED shall remove a person’s name and any other information concerning that person from the sex offender registry immediately upon notification by the Attorney General that the person’s adjudication, conviction, guilty plea, or plea of nolo

Chief Stewart
Page 2
March 28, 2007
contendere for an offense listed in subsection (C) was reversed, overturned, or vacated on appeal and a final judgment has been rendered. Consistent with Section 23-3-430, the individual referenced by you having registered as a sex offender must continue to re-registry biannually for life. The fact that he received a pardon is of no consequence unless the pardon was associated with his conviction being reversed, overturned or vacated on appeal or the pardon was based upon a finding of not guilty stated in the pardon. If there are any questions, please advise. With kind regards, I am, Sincerely, Henry McMaster Attorney General

By:

cc:

Ms. Celeste Proffitt

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General