Resource Wednesday: Expungement in South Carolina

Every now and again, I need a reminder to share information.

Earlier today, I received a request from someone desperately trying to find out where to find help for an expungement. And, the resource is below:

  • Your Guide to Expungement in South Carolina (updated in November 2013). This fabulous, free resource was pulled together by the South Carolina Center for Fathers and Families. It can be found online at It basically walks folks through expungement (Step 4) while letting them know whether expungement is a possibility (Step 3) and, if so, which one to go for.

If you want additional information on expungement and pardons, below are also some helpful links:

To find legal help or a lawyer:


To find more information on the legal system in South Carolina

To get a copy of your criminal record

  • South Carolina Law Enforcement Division (SLED) Records Department, Post Office Box 21398, Columbia, SC 29221, 803-896-1443,

To find more information on expungement, pardons, or other issues relating to fatherhood

  • The South Carolina Center for Fathers and Families, 2711 Middleburg Drive, Suite 111, Columbia, SC 29204, 803-227-8800,

Sometimes all it takes is a little knowledge. Hope this helps.


NEW Form for Fee Waiver for Pro Bono or Legal Services’ Clients

Please see the Order below noting that Court Form SCCA 236, available in Word and pdf. It is also available online at the court’s website at It allows the filing fee to be waived when filed in all civil actions by an attorney providing legal services to indigent persons via an approved legal service entity or the SC Pro Bono program. Please share.




The Supreme Court of South Carolina

Re: Certification of Indigent Representation, Pursuant to
Rule 3(b)(2), SCRCP Form (SCCA 236)


Pursuant to the provisions of S. C. CONST. Art. V, § 4,

IT IS ORDERED that SCCA Form 236, Certification of Indigent Representation Pursuant to Rule 3(b)(2), SCRCP, is approved for use in the Circuit Courts and Family Courts of this State.

Pursuant to Rule 3(b)(2), SCRCP, a party represented in a civil action by an attorney working on behalf of or under the auspices of a legal aid society or legal services or other nonprofit organization funded in whole or substantial part by funds appropriated by the United States Government or the South Carolina General Assembly, which has as its primary purpose the furnishing of legal services to indigent persons, or the SC Pro Bono program, shall have fees related to the filing of the action waived without necessity of a motion and court approval.

This form shall be completed by attorneys in civil actions as described above to certify that he or she represents an indigent person and that he or she is providing such representation on behalf of a legal aid society, legal services or other nonprofit organization

This form shall be available on the South Carolina Judicial Department website at under the ‘Forms’ link.


s/Jean Hoefer Toal
Jean Hoefer Toal, Chief Justice

Columbia, South Carolina
December 17, 2013

South Carolina Homeownership and Employment Lending Program – SC HELP

Are YOU a Homeowner who is Facing Foreclosure Due to:



Reduction in Self-Employment Income,

Death of Spouse,

Catastrophic Medical Expenses, or


If so, there may be help for you via SC HELP, see SC HELP Flyer.

Monthly Payment Assistance:

  • makes monthly payments while you are seeking employment and a return to self-sustainability

Direct Loan Assistance:

  • pays up to $20,000 on past due mortgage to bring it current

Property disposition assistance:

  • provides $5,000 to help transition families from homeownership to rental housing if:

1. Application with SC HELP completed FIRST
2. Permission for short-sale or deed-in-lieu of foreclosure granted
3. Money distributed AFTER execution of deeds completed

South Carolina has been awarded, $295,431,000 in funding from the U.S. Treasury Department’s Hardest Hit Funds to prevent mortgage foreclosure.

SC Housing Corp., a non-profit Division of the South Carolina State Housing Finance and Development Authority is administering the Program, known in SC as the South Carolina Homeownership and Employment Lending Program or SC HELP.

South Carolina Legal Services (SCLS) is one of the housing processing agencies for SC HELP.  SCLS assists homeowners who are at risk of foreclosure gather and submit the required documents to be approved for mortgage assistance through SC HELP.

The list of documents can be found here – SC HELP Required Documents List

There are no income requirements for SC HELP and all services are free to the homeowner.

SC HELP will not pay any more than $20,000 on the arrearages.

SC HELP may approve payment of the $20,000 but the actual payment will not be made until SC HELP has verification that the homeowner can pay the balance of the arrearages or that it has been forgiven by the lender or it has been placed at the end of the mortgage.

The requirements for the property disposition assistance program should be carefully reviewed.

NOTE: A homeowner is not eligible for this program if the property has already been sold at foreclosure.

Homeowners may call South Carolina Legal Services toll-free at 1-888-257-1988 Or 1-855-HELP-4 SC

Homeowners may also submit an application at

For more detailed information about SC HELP, please see Information Flyer

For more information about SC Legal Services, please see SCLS General Brochure


February 2012 Newsletter

We are pleased to share our latest newsletter.

SCATJC February2012

If you have questions, please feel free to email me.


Law School for Interpreters: A Success!

Bright and early Saturday morning, 77 people were driving into downtown Columbia to attend the SC Access to Justice Commission’s LEP Work Group “Law School for Interpreters.”

Meanwhile, the sponsors were all busy opening the facility and readying the room and registration tables for each of these interpreters.

At 8:45 a.m., seats filled and the LEP Work Group provided an overview of the day and the program began.

The Agenda:

  • Registration and Breakfast 8:00 a.m.
  • Welcome & Overview 8:45 a.m.
  • Pretest 9:00 a.m.
  • “Oh the Places You Can Go and the People You Can Meet” (Overview of the SC Judicial System) 9:15 a.m.
  • South Carolina State Court Interpreter Certification Program 9:45 a.m.
  • Circuit Court 10:30 a.m.
  • Family Court 11:15 a.m.
  • Magistrates Court 12:00 noon
  • Catered Lunch
  • Court Process 1:45 p.m.
  • Panel Discussion & Q&A: Reality Check 3:15 p.m.
  • Post-test, Wrap-Up, & Evaluation 4:45 p.m.

The excitement in the room was palpable. Interpreters greeted one another with hugs, and sometimes questions of “which language do you speak?” And the excitement was not limited to interpreters and translators. Many of the event sponsors were thrilled with the turn-out, especially on a Saturday. Languages represented included Spanish, French, Portuguese, Italian, Chinese, French, and Urdu as well as a few others.

And we’re all excited about the prospect of an additional pool of qualified and certified interpreters and translators in the South Carolina Court System.

Thanks again to our sponsors, speakers, and participants!


Congratulations Jack Cohoon! 2011 Ellen Hines Smith Legal Services Attorney of the Year

Earlier today, Shannon Willis Scruggs, the Executive Director of the South Carolina Bar Foundation, and I made our annual surprise site visit to the South Carolina Legal Services (SCLS) office where the Ellen Hines Smith Legal Services Attorney of the Year receives their surprise notice of the honor.

The 2011 recipient is Jack E. Cohoon, from the Columbia office.

Congratulations to Jack Cohoon! Pictured Left to Right: Eddie Weinberg, Jack Cohoon, Andrea Loney, Robin Wheeler. Photograph by Shannon Willis Scruggs.

Who is Jack E. Cohoon?

He has been employed in the Columbia SCLS office for more than 5 years. Jack serves as the lead employment attorney and provides guidance and case reviews of employment cases throughout the organization. But Jack’s caseload is not limited to employment; Jack also helps with evictions, housing, domestic violence, consumer protection, public benefits, education, and elder law.

Jack developed an expungement clinic protocol that includes a PowerPoint presentation, a brochure, and assistance with the SC Access to Justice Commission’s Expungement and Pardons FAQs.

What do co-workers say about Jack E. Cohoon?

“His polite demeanor and droll wit create a wonderful rapport between him and his clients.”

“Jack is a truly exceptional young attorney who has made a substantial statewide impact on the scope and effectiveness of SCLS’s representation to the benefit of all low income South Carolinians.”

“Jack’s work ethic is one of the best at SCLS. He is on the job and eager for work every day.”

“His calm, even demeanor has made him a favorite with attorneys within and outside of SCLS. Indeed, his glowing reputation extends to opposing counsel as well.”

“He is never temperamental and willingly accepts supervision, suggestions and criticism.”

From a client:

“. . .  Jack Cohoon did me a great service with the case that I brought to him. I don’t know that if I had had the money to pay a lawyer they could have done a better service for me.”

From the Workforce Investment Area re: expungement clinics:

“Jack was the perfect partner to work with. He exhibited compassion and patience that was very evident and sincere to the workshop attendees. Many stayed after the sessions to speak with him personally . . . He provided hope for some who felt they had exhausted every avenue. . . . Jack is a true treasure as he will always avail himself to help get information and services to the community. . . .  I appreciate the professionalism which Jack presents to a hurting and sometimes angry audience and look forward to the opportunity to work with him again.”

It’s easy to see why Jack is the recipient of this year’s Ellen Hines Smith Attorney of the Year award.

If you would like to see Jack receive the award, please join us at the South Carolina Bar Foundation Gala on Saturday, January 21, 2012 at the Columbia Metropolitan Convention Center. The reception begins at 6:30 p.m. and dinner will be served at 7:30 p.m. Individual tickets are $100 and table sponsorships start at $1,200. Please contact Shannon Scruggs at or (803) 765-0517 for more information.


Celebrate Pro Bono: Allison Humen

As part of Celebrate Pro Bono 2011, we are highlighting pro bono legal service in South Carolina.

Meet ALLISON HUMEN, 3L at the University of South Carolina School of Law.

Allison Humen

Allison Humen currently serves as the SBA Liaison to the USC School of Law Pro Bono Board. When asked what drew her to pro bono service, she recalled:

Since I was younger, I have participated in various service projects and organizations.  The Pro Bono program offered the opportunity to continue serving not only the community at-large, but also the legal field which we are all now a part of.  Not only do you get to serve, but you are able to do this alongside your classmates. 

She describes her first major experience with the Pro Bono Program, the Harvest Hope Food Drive in the fall of of 1st year:  

All of the students and professors do a wonderful job of encouraging students to work together to make such a large donation to Harvest Hope each year.  Being a part of this unified effort in giving back to the community proved how much good the school can do.  Since then, I was invited to join the Pro Bono Board, from which I have not only been able to participate in various projects, but also help organize these projects for the student body.

She’s been involved in several pro bono projects over the past few years:

I completed the Guardian ad Litem training in my first year, and since then having been serving as an advocate for the best interests of the children in my cases.  From speaking to older classmates and hearing about their experience with this program, it seemed like the ideal opportunity to help families and children, while being able to participate in the legal process.  Although it is difficult at times by playing an important role in these children’s’ lives and their future, it has been an invaluable experience.  I would recommend this program to every law student.  Not only does this experience remind you of the personal aspect of the law which we are studying, it also gives you practical experience.

 I am currently a Carolina Clerk.  This is a program created by Pam Robinson and Dean Wilcox, which matches volunteer law students with lawyers who have agreed to pro bono client representation.  The Pro Bono Program has widely publicized this new program throughout the school as well as on the school’s website, so I was eager to help kick-off the program and volunteered early.  The current case I am working on is a DSS case, so it has been interesting to work on family law issues from the standpoint of the parent, rather than the children which are the sole focus of the Guardian ad Litem role. 

As a member of a few student organizations I wanted to create a way for different organizations to team up and serve together.  With the help of Pam, the Student Bar Association and the Pro Bono Board initiated Good Deed Friday.  This program gives all of the student organizations, journals, Moot Court Bar, and Mock Trial Bar the opportunity to join together and volunteer a (Fri)day of service at a local charitable organization.  Our first Friday was September 30th, which members of the Student Bar Association, Pro Bono Board, and the Real Property Trust and Estate Law Journal volunteered a few hours at the Harvest Hope Food Bank.  Not only are we helping the community, but we are also strengthening the law school community by enabling student leaders to bond over these “good deeds.”

Any lessons learned from pro bono?

Pro bono work has expanded my view of how many people are in need and are in need in so many different ways.  When you are surrounded by so many fortunate members of the law school community for the vast majority of your time, it is easy to forget how many people go without.  Participating in pro bono has heightened my gratitude for all that I have been blessed with, as well as my compassion for those who have less and my responsibility to help any small way I can.  

What’s your advice to other law students?

Get involved early!  Even if you are afraid you won’t have the time. Everyone in law school is busy, but Pam does a wonderful job of providing a wide-range of opportunities within the Pro Bono Program.  So if you only have one afternoon a month to offer, we will find a place for you to volunteer then!  If you aren’t able to complete the two-week Guardian ad Litem training, there are many ways to volunteer that do not require any additional training! 

Will you continue pro bono service after law school?

My passion for service did not begin in law school, and I am certain that it will not end after graduation.  It is important for every one of us to do pro bono work, and I believe this need is only strengthened once you become a licensed attorney.  At that point, you will have more tools in your belt and therefore be able to serve the community in ways that the majority of the population cannot. 

Thanks for your service Allison! I look forward to hearing more from you in the future!