Could a pardoned South Carolina bail bondsman with a felony conviction continue writing bonds?

Plain-English summary

In 2003, South Carolina's Attorney General considered whether a licensed bail bondsman with a felony conviction could write bonds after receiving a pardon. The office said a court was unlikely to treat the pardoned conviction as a continuing bar. It also noted that the Department of Insurance had not revoked the individual's license and concluded that he appeared able to continue writing bonds.

The opinion relied on the pardon statute's restoration of the right to be licensed for an occupation and on state decisions describing the legal effect of a pardon. Its answer concerned a pardon and an existing, unrevoked license; it did not decide what would happen if the license were revoked.

Currency note

This opinion was issued in 2003. 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.

Historical summary

Bail bondsmen and clerks of court

For the situation presented, the AG found a pardoned conviction unlikely to prevent the bondsman from serving. The opinion separately relied on the requester's statement that the licensing agency had not revoked his license.

Insurance licensing officials

The opinion connected the bondsman qualification in Section 38-53-90 with Section 24-21-990, which restored the right to occupational licensing after a pardon. It did not report a licensing decision by the Department of Insurance.

Common questions

Did the pardon matter to a bail bondsman's felony disqualification?
Yes. The AG viewed a pardon as removing legal consequences of the conviction and thought a court was unlikely to bar the pardoned person from serving on that ground.

Could this particular bondsman keep writing bonds?
The AG said he appeared able to do so because the Department of Insurance had not revoked his existing license.

Did the opinion say a pardon automatically restores a revoked bondsman license?
No. The question involved a license the Department had not revoked; the office did not decide a revoked-license case.

Background and statutory framework

The bondsman qualification cited in the opinion included a felony-conviction restriction. The pardon statute restored civil rights lost through conviction, including the right to occupational licensing. The AG drew on State v. Baucom and Brunson v. Stewart for the breadth of a pardon's effect on collateral legal consequences, then applied that reasoning to the requester's licensing facts.

Citations and references

The opinion discussed Section 38-53-90, Section 24-21-990, State v. Baucom, and Brunson v. Stewart.

Official title

Asking if a bondsman who has been convicted of a felony is seeking a pardon, if pardoned could write bail bonds.

Requester

The Honorable Joyce McDonald, Clerk of Court, Kershaw County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-28-2003/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/03/03oct-28-McDonald.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY MCMASTER

October 28, 2003

A'TIDRNEY GENERAL

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The Honorable Joyce McDonald
Clerk of Court, Kershaw County
Post Office Box 1557
Camden, South Carolina 29020

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Dear Ms. McDonald:
In a letter to this office you indicated that a bondsman who has been convicted of a felony is seeking a pardon. If pardoned, you asked whether that bondsman could write bail bonds. You also indicated that the State Department of Insurance has not revoked that individual's bail bondsman license. Bail bondsmen are licensed by the Department of Insurance pursuant to S.C. Code Ann. Section 38-53-90 (2002). Included in the qualifications of a bondsman is the requirement that the individual be " ... a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude within the last ten years .... " As to the significance of a pardon, pursuant to S.C. Code Ann. Section 24-21-990 (Supp. 2002), "a pardon shall full restore all civil rights lost as a result of a conviction, which include the right to ...(7) be licensed for any occupation requiring a license."

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In State v. Baucom, 340 S.C. 339, 531 S.E.2d 922 (2000), the State Supreme Court dealt with the question as to whether a pardoned offense could be used to enhance a sentence for a subsequent offense. In holding that the pardoned conviction could not be used to enhance a subsequent sentence, the court ruled that the pardon statute provided a full pardon for all legal consequences of the crime and of the conviction. Therefore, according to the Court, a pardon relieves an offender of all the legal consequences of his crime and conviction, direct and collateral. In Brunson v. Stewart, 345 S.C. 283, 547 S.E.2d 504 (Ct.App. 2001 ), the State Court of Appeals dealt with the question as to whether a pardoned offense could be used to deny an individual the authority to possess a pistol. S.C. Code Ann. Section 16-23-30 (2003) prohibits possession of a pistol by "(a)ny person who has been convicted of a crime of violence .... " The Court of Appeals held that to deny a convicted individual the possession of a pistol pursuant to Section 16-23-20 "constituted an impermissible collateral legal consequence of his pardoned conviction for a violent crime, in contravention of the pardon statutes." 345 S.C. at 287.

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POST OFFICE Box 11549

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COLUMBlA , S.C. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE : 803-253-6283

Ms McDonald
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October 28, 2003

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Consistent with the above, and noting the opinions in Baucom and Brunson, it seems unlikely that courts in this State would conclude that a pardoned offender could not serve as a bail bondsman, especially in light of the provisions of Section 24-21-990 which restores the right of a convicted individual to be licensed for any occupation requiring a license upon receiving a pardon. Moreover, inasmuch as you indicate that the Department of Insurance has not as yet revoked the individual's license as a bail bondsman, it appears that the individual may continue to write bonds in this State.

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Charles H. Richardson
Senior Assistant Attorney General