Deadlines After a Conviction
SCACR 203 — ten days after sentence to appeal, and one year for post-conviction relief
Ten days. After a plea or trial resulting in conviction, or a proceeding resulting in revocation of probation, a notice of appeal shall be served on all respondents within ten (10) days after the sentence is imposed.
Who handles this in South Carolina: SC Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the South Carolina directory.
After a post-trial motion. When a timely post-trial motion is made under Rule 29(a), SCRCrimP, the time to appeal is stayed, and begins to run from receipt of written notice of entry of an order granting or denying the motion.
One year. An application for post-conviction relief must be filed within one year after the entry of a judgment of conviction, or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal, whichever is later.
A new right. Where the Supreme Court of this State, or a court whose decisions bind it, holds that the Constitution imposes a standard or right not recognized at the time of the trial, and it is to be applied retroactively, an application may be filed not later than one year after the date the standard or right was determined to exist.
New facts. Where the applicant contends there is evidence of material facts not previously presented and heard that requires vacating the conviction or sentence, the application must be filed within one year after the actual discovery of the facts, or after the date they could have been ascertained by the exercise of reasonable diligence.
Assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed South Carolina attorney.
Sources for this section (2)
- SCACR 203 — Notice of appeal
- S.C. Code 17-27-45 — Filing procedures for post-conviction relief applications
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.