When most people think about the consequences of a criminal conviction in South Carolina, they focus on jail time, fines, or probation.
However, the legal penalties are only part of the picture.
The collateral consequences of a criminal conviction can follow individuals long after their sentence is complete, significantly affecting their ability to find employment, secure housing, and obtain or maintain professional licenses.
In this article, we explore the real-life consequences that go beyond the courtroom and sentencing—and how they can affect your future in South Carolina.
What Are Collateral Consequences?
Collateral consequences are the after-the-court hearing penalties and disadvantages that may result from a criminal conviction but are not part of the Judge’s formal sentence.
These consequences can be imposed by law (such as the loss of the right to vote, or loss of the right to possess/carry a firearm) or can occur as a result of societal stigma or policy decisions by employers, college officials, landlords, and professional licensing boards.
South Carolina, like many states, has a wide array of statutes and regulations that may limit a person’s rights or opportunities after a conviction—even for relatively minor offenses.
Employment Challenges After a Criminal Conviction
One of the most immediate and impactful collateral consequences is difficulty securing or keeping a job.
Many employers conduct background checks, and a conviction—particularly a felony—can be a major red flag. This consequence could happen months or years after your court date.
Background Checks and Hiring Discrimination
South Carolina does not currently restrict private employers from considering criminal records in hiring decisions.
While federal guidelines from the Equal Employment Opportunity Commission (EEOC) discourage blanket bans on hiring individuals with convictions, employers in South Carolina retain wide discretion.
Common employment issues after a conviction include:
- Automatic disqualification for jobs in law enforcement, education, and healthcare
- Difficulty obtaining positions requiring trust or financial responsibility
- Termination from existing jobs following a conviction or incarceration
State Employment and Ban-the-Box
While some jurisdictions have adopted “ban-the-box” laws that prohibit employers from asking about criminal records on initial job applications, South Carolina does not have a statewide law requiring this for private employers. Potential SC employers can look at online conviction and arrest records, conduct their own background checks, or do an online South Carolina Law Enforcement Division (SLED) background check. You can conduct your own SLED background check for a non-refundable fee under $30.
Housing Restrictions and Discrimination
Certain criminal convictions may also lead to housing difficulties, whether you are seeking public assistance or private rental housing or not. You could be denied housing based on your criminal background check, depending on the rules/policies of the individual landlord.
Public Housing Limitations
Public housing authorities (PHAs) in South Carolina have the discretion to deny applicants based on criminal records. Certain convictions, such as drug-related offenses or crimes involving violence, may lead to automatic disqualification under federal HUD guidelines.
Private Landlords
Private landlords in South Carolina are also generally permitted to conduct background checks and deny rental applications based on a criminal history. There are no state laws requiring landlords to overlook older or minor convictions.
This can lead to housing instability, especially for individuals who have completed their sentence, served their jail/prison time, completed their probation, and are attempting to reintegrate into society.
Professional License Consequences
In South Carolina, many professions—ranging from cosmetologists and barbers to nurses and real estate agents—require a state-issued professional license. A criminal conviction may threaten your ability to obtain or renew these licenses.
Licensing Boards and Discretion
According to South Carolina Code of Laws § 40-1-110, licensing boards have the authority to deny, suspend, or revoke licenses for criminal convictions that relate to the profession or reflect moral turpitude.
Each licensing board determines how and when a conviction may impact eligibility. They also determine which types of convictions may impact eligibility. Some boards have published guidelines; others decide on a case-by-case basis. Even a misdemeanor may pose a problem depending on the nature of the offense.
Limited Relief Options
While South Carolina does offer limited expungement options for certain offenses, many convictions remain permanently on a person’s record. To determine if your past conviction is eligible for an expungement, reach out to Attorney Susan Williams at 843-607-9800 to find out.
Gun Rights and other Long-Term Consequences of SC Criminal Convictions
Beyond these specific areas, a SC criminal conviction can affect:
- Gun rights, particularly for felony convictions
- Voting rights,
- Immigration status, if applicable
- Reputation and social relationships, which can impact personal and professional development
Reducing the Impact: What Can Be Done?
Although South Carolina laws do not offer sweeping remedies, individuals with SC criminal convictions may consider the following:
- Petitioning for expungement if eligible
- Seeking legal advice when applying for professional licenses
- Working with reentry organizations that help with job placement and housing assistance
- Applying for pardons, which can restore some civil rights and improve employment prospects
Understanding your rights and planning ahead are essential for minimizing the long-term effects of a SC criminal conviction.
FAQ: Collateral Consequences in South Carolina
1. Can a landlord in South Carolina deny me housing due to a SC criminal conviction?
Yes. Both public and private landlords may legally deny applicants based on their criminal history, particularly for convictions related to drugs or violence.
2. Will a felony keep me from getting a professional license in SC?
It depends on the profession and the nature of the offense. Licensing boards evaluate each case individually, considering whether the crime relates to the duties of the profession.
3. Are there any jobs I can’t apply for after a conviction in SC?
Yes. Some jobs—especially those involving children, vulnerable adults, law enforcement, or financial services—may be off-limits depending on the type of conviction.
4. Can I clear my record in South Carolina?
Only certain SC criminal convictions are eligible for expungement or pardon.
Need help with your SC criminal case?
The collateral consequences of a SC criminal conviction in South Carolina are often just as burdensome as the direct penalties.
Employment challenges, housing barriers, and professional licensing restrictions can create lifelong hurdles. Understanding these impacts is the first step toward building a stable future after a conviction.
If you or a loved one are facing challenges due to a past conviction, don’t navigate the process alone. Seek guidance from a knowledgeable South Carolina attorney who can help you explore your legal options and determine whether you’re eligible for expungement.
If you’re concerned about how a criminal conviction may affect your job, housing, or professional license in South Carolina, contact our legal team today. We can help you understand your rights and work toward a better future.
