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South Carolina Employment Screening Laws for 2025: A Comprehensive Guide

Navigating South Carolina’s employment screening laws in 2025 is critical for employers aiming to maintain compliance while hiring the best candidates.

These laws govern how employers can use criminal background checks, adhere to “ban-the-box” policies, and ensure fair hiring practices.

This guide provides an in-depth look at the regulations, including how far back criminal offenses can be considered, with references to official government sources for accuracy and trustworthiness.

Job applicants stand in line at a South Carolina employment agency holding their resumes.

Overview of South Carolina Employment Screening Laws

South Carolina’s employment screening laws align closely with federal regulations like the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act. However, the state has introduced specific measures to promote fair hiring, particularly for individuals with criminal histories. The Workforce Opportunity Act (S.C. Code Ann. § 41-1-45) and other statutes outline key requirements for employers conducting background checks.

Ban-the-Box Laws in South Carolina

South Carolina has implemented “ban-the-box” policies to reduce barriers for applicants with criminal records. Under S.C. Code Ann. § 41-1-35, public employers may not inquire about an applicant’s criminal history until after an initial interview or a conditional job offer is made, unless the position requires a mandatory background check (e.g., Department of Corrections). Private employers are not subject to statewide ban-the-box laws, but local ordinances, such as in Columbia, impose similar restrictions for city employers and vendors.

Use of Criminal Offenses in Employment Decisions

South Carolina does not impose a strict time limit on how far back criminal convictions can be considered for employment decisions. Unlike some states with “seven-year rules,” the FCRA allows employers to report and consider criminal convictions regardless of age, provided they are relevant to the job. However, the Equal Employment Opportunity Commission (EEOC) advises employers to evaluate convictions based on:

  • The nature and severity of the offense
  • The time elapsed since the offense
  • The relevance of the offense to the job duties

For example, a recent violent felony may disqualify an applicant for a customer-facing role, but an older, non-violent misdemeanor may not. Employers must also consider evidence of rehabilitation.

Expunged and Sealed Records

Under S.C. Code Ann. § 17-22-960, employers are prohibited from using expunged or sealed criminal records in employment decisions. This applies to both public and private employers, ensuring individuals who have had their records cleared are not unfairly penalized. Additionally, juvenile records and arrests not leading to convictions are generally off-limits.

FCRA Compliance Requirements

The FCRA mandates specific procedures for employers conducting background checks through consumer reporting agencies (CRAs):

  • Notice and Consent: Employers must provide written notice and obtain written consent from applicants before conducting a background check.
  • Adverse Action Process: If an employer decides not to hire based on a background check, they must provide a pre-adverse action notice, a copy of the report, and a summary of rights under the FCRA. After a reasonable period, a final adverse action notice is required.

Failure to comply with FCRA requirements can result in legal liability. Employers should also ensure compliance with S.C. Code Ann. § 37-20-170, which requires CRAs to provide detailed notices if disputed information is verified as accurate.

Special Considerations for Child Welfare and Childcare

Child welfare agencies and childcare facilities face stricter regulations. S.C. Code Ann. § 63-11-70 prohibits considering pardoned offenses for employment decisions but allows investigation into the circumstances of the offense. Childcare providers must conduct comprehensive background checks, including state and federal fingerprint-based checks, as outlined in S.C. Code Ann. § 63-13-40.

Best Practices for South Carolina Employers

To ensure compliance with South Carolina’s 2025 employment screening laws and optimize hiring processes, employers should:

  • Develop a clear, written background check policy that aligns with FCRA and Title VII.
  • Train HR staff on fair hiring practices and EEOC guidelines.
  • Use reputable, FCRA-compliant CRAs
  • Be aware that the South Carolina Law Enforcement Division (SLED) for criminal history checks shows arrest records, not necessarily court cases with dispositions. Any arrest should be followed with a real-time county court criminal search.
  • Document all steps in the hiring process to demonstrate compliance.
  • Consider individual assessments for applicants with criminal histories, focusing on job relevance and rehabilitation.

By following these practices, employers can reduce legal risks while fostering a fair hiring environment.

Summary

  • South Carolina aligns with FCRA and Title VII for employment background checks.
  • No state-specific time limit exists for considering criminal convictions; relevance to the job is key.
  • Ban-the-box laws apply to public employers and some local jurisdictions (e.g., Columbia).
  • Expunged or sealed records cannot be used in hiring decisions.
  • Child welfare and childcare roles require stringent, fingerprint-based checks.
  • Employers must provide notice, consent, and follow adverse action processes under FCRA.

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South Carolina Employment Background Checks – Employer FAQs

1) Which South Carolina statutes govern criminal background checks for employment?

  • S.C. Code Ann. §§ 23-3-15 and 23-3-140 (Criminal Records; SLED): Establish the South Carolina Law Enforcement Division (SLED) as the state repository and authorize dissemination of criminal history record information to the public for a fee. Employers commonly obtain statewide name-based checks through SLED’s CATCH portal.
    Administered by: South Carolina Law Enforcement Division (SLED).
  • S.C. Code Ann. § 17-1-40 and §§ 17-22-910 to 17-22-960 (Expungement): Provide for destruction/expungement of certain criminal records (e.g., charges dismissed, certain first-offense misdemeanors, qualifying non-violent offenses). Once expunged, the matter is treated as if it never occurred and generally may not be considered in employment.
    Administered by: South Carolina Circuit Courts/Solicitors; records processed with SLED.
  • Federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.): Governs use of third-party “consumer reports” for employment (disclosures, written authorization, pre-adverse and adverse action). South Carolina does not have a comprehensive “mini-FCRA.”

2) What are South Carolina’s lookback limits for criminal history in employment background checks?

  • State lookback limits: South Carolina does not impose a separate statewide lookback limit on reporting criminal convictions for employment purposes.
  • FCRA limits: Under the federal FCRA, non-conviction adverse information (e.g., arrests, dismissed charges) generally cannot be reported by consumer reporting agencies after seven years. Criminal convictions may be reported without a time limit under the FCRA.
  • Expunged records: Under S.C. Code Ann. § 17-1-40 and related expungement statutes, expunged matters are treated as if they never occurred and should not be sought, reported, or used in hiring decisions.
  • Administering entities: SLED (state repository for criminal records); South Carolina courts/solicitors (expungements). FCRA administered by the Federal Trade Commission and Consumer Financial Protection Bureau.

3) Does South Carolina have a statewide “ban-the-box” or timing restrictions on criminal history questions?

  • South Carolina does not have a statewide ban-the-box statute that applies to private employers.
  • Some local governments may have policies for their own public-sector hiring.
  • Employers should also ensure compliance with the federal FCRA and consider EEOC guidance on fair-chance and job-relatedness when using criminal records.
  • Administering entity: N/A statewide; local public employers may have local policies.

4) What South Carolina laws apply when using credit or other consumer reports for employment?

  • Identity Theft Protection/Security Freezes: S.C. Code Ann. §§ 37-20-110 et seq. (Identity Theft Protection Act) provide consumer rights to place security freezes and fraud alerts on credit files. If a file is frozen, a background or credit check may require the applicant’s action to lift or temporarily thaw the freeze.
    Administered by: South Carolina Department of Consumer Affairs (SCDCA).
  • FCRA compliance still required: South Carolina has no broad “mini-FCRA.” Employers must follow the federal FCRA for disclosures, written authorization, permissible purpose, and pre-adverse/adverse action notices when using third-party background reports.
  • No statewide credit-use ban: South Carolina does not have a statewide law prohibiting use of credit information in employment; use should be job-related and consistent with business necessity, and compliant with FCRA and any applicable local policies.

5) How can employers obtain South Carolina driving records (MVRs), and what laws govern access?

  • Driver records and disclosure: South Carolina Department of Motor Vehicles maintains driver history records. Access and disclosure are governed by state motor vehicle record provisions (e.g., S.C. Code Ann. § 56-1-130) consistent with the federal Driver’s Privacy Protection Act (DPPA), 18 U.S.C. § 2721 et seq.
  • Permissible use: Employment-related use (including commercial driving positions) is a permitted DPPA purpose. Employers typically must obtain the applicant’s consent and/or certify permissible use to SCDMV or their reporting vendor.
  • Where to obtain: Employers can request MVRs from SCDMV or through a consumer reporting agency that provides MVRs. If using a third party, FCRA authorization and notices apply.
  • Administered by: South Carolina Department of Motor Vehicles (SCDMV).

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult with qualified legal counsel regarding specific compliance questions.