South Carolina Background Check Laws for Employers
South Carolina has no ban-the-box law, no credit-check statute and no salary-history ban, but it does have one of the strictest work-authorization rules in the country: every employer must verify new hires through E-Verify within three business days. This guide covers that mandate, the expungement and drug-testing statutes, the SLED record system, and the federal FCRA steps that apply on top.
Order the South Carolina statewide searchView all Search Packages and Add-ons
At a glanceFCRA stepsE-VerifyBan the boxRecords you may useLookbackDrugs, credit, salaryIndustry rulesServicesChecklistFAQs
South Carolina employment screening laws at a glance
South Carolina has no consumer-reporting statute of its own, so the federal FCRA carries the process rules. The state statutes below add E-Verify, expungement protections, drug-testing standards and a reference-check shield.
| Rule | What it requires | Administering agency |
|---|---|---|
| Federal FCRA, 15 U.S.C. § 1681 et seq. | Stand-alone disclosure, written authorization, pre-adverse and adverse-action notices, seven-year limit on reported non-convictions below $75,000. | Consumer Financial Protection Bureau; Federal Trade Commission; private suits |
| S.C. Code § 41-8-20 (Illegal Immigration Reform Act) | Every employer must verify the work authorization of each new hire through E-Verify within three business days of the start date. | S.C. Department of Labor, Licensing and Regulation, Office of Immigrant Worker Compliance |
| S.C. Code § 17-22-910 et seq. (expungement); § 17-22-960 | Expunged records are destroyed or sealed. Employers may not use expunged information adversely against an employee, and an employer that hires a person with an expunged record is shielded from claims related to the expunged offense. | Circuit solicitors; SLED |
| S.C. Code § 41-1-15 (drug prevention programs) | Sets the elements of a workplace drug-prevention program and keeps test results confidential. Employers that adopt a qualifying program earn a workers’ compensation premium credit. | S.C. Department of Labor, Licensing and Regulation; Department of Insurance (premium credit) |
| S.C. Code § 41-1-65 (reference checks) | An employer that discloses dates of employment, pay level and wage history to a prospective employer is immune from civil liability, and so is one that responds in writing to a written request about job performance, unless it knowingly or recklessly releases false information. | South Carolina courts |
| S.C. Code § 1-13-10 et seq. (Human Affairs Law); Title VII | No discrimination on protected traits by employers with 15 or more employees; the EEOC guidance treats blanket criminal-record exclusions as a disparate-impact risk. | S.C. Human Affairs Commission; U.S. EEOC |
| S.C. Code § 23-3-115 et seq. (SLED records) | Governs release of state criminal history; SLED CATCH is the name-based public check employers and screening companies use. | South Carolina Law Enforcement Division |
| S.C. Code § 40-1-140 (licensing) | A licensing board may not deny a license for a conviction unless it relates directly to the profession. | Each professional licensing board under LLR |
The FCRA process every South Carolina employer must follow
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a South Carolina employer. The state rules on this page sit on top of it, never in place of it.
South Carolina adds no state notices to the federal sequence. The one South Carolina-specific step comes before the order: the E-Verify query described below runs alongside the FCRA process for every hire.
Disclose and authorize
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes, and get written authorization before you order. Keep the disclosure free of liability waivers and extra language.
Order the right scope
Match the search to the position. Order criminal, driving, credit, and verification searches only where the job supports them, and apply the same package to every candidate for the same position.
Pre-adverse action
Before you decide against a candidate because of the report, send a copy of the report and the CFPB Summary of Your Rights, then wait a reasonable period, commonly five business days, so the candidate can dispute errors.
Adverse action notice
If you proceed, send the final notice naming the screening company, stating that it did not make the decision, and explaining the right to a free file copy within 60 days and the right to dispute.
E-Verify is mandatory for every South Carolina employer
The South Carolina Illegal Immigration Reform Act, S.C. Code § 41-8-10 et seq., requires all employers, regardless of size, to verify each new hire through the federal E-Verify system within three business days of the date of hire. The private-employer mandate reached every employer on January 1, 2012.
Enforcement
The Department of Labor, Licensing and Regulation audits employers through its Office of Immigrant Worker Compliance. Under § 41-8-50, a first E-Verify violation puts the employer on probation for one year with quarterly reporting; a later violation suspends the employer’s licenses to do business in the state for 10 to 30 days. Knowingly employing an unauthorized worker carries its own escalating suspensions, up to revocation.
Public contractors
Contractors and subcontractors on public contracts must comply as a condition of the contract and certify compliance to the public body.
What E-Verify does not replace
Form I-9 is still required for every hire. E-Verify runs after the I-9 is complete, and the case verification number should be kept with it. E-Verify confirms work authorization only; it is not a criminal or identity check.
Order of operations
FCRA disclosure and authorization at the application stage.
Conditional offer, then background report and any pre-adverse steps.
Form I-9 on day one, E-Verify within three business days. Enrollment is free at e-verify.gov.
Ban the box in South Carolina: no statute
South Carolina has no ban-the-box law for private or public employers. Earlier versions of this page cited § 41-1-35 as a public-employer rule; no such section exists, and Chapter 1 of Title 41 contains no criminal-history timing rule at all.
Local fair-chance policies
The City of Columbia and Richland County removed the conviction question from their own applications and apply fair-chance rules to their own hiring. Those policies bind those governments as employers and reach their vendors, not other private businesses.
What still limits the decision
Title VII and the EEOC enforcement guidance apply to South Carolina employers with 15 or more employees, and the Human Affairs Commission enforces the parallel state law. A blanket exclusion for any conviction invites a disparate-impact charge. Weigh the offense, the time elapsed and the job.
Practical policy
Asking on the application is lawful. Deciding on the application, before you know anything about the offense, is the exposure.
Many South Carolina employers move the question to the interview stage and record an individualized assessment for any decline.
Which South Carolina records you may and may not use
South Carolina keeps records at two levels: the SLED repository and the county clerks of court. Both are public, but expunged and juvenile records are off limits.
Expunged records
Article 9 of Chapter 22, Title 17 (§ 17-22-910 et seq.) lists the offenses eligible for expungement, from dismissals and first-offense fraudulent checks to certain first-offense misdemeanors after three years. Once expunged, the record is destroyed or sealed. Under § 17-22-960 employers may not use expunged information adversely against an employee, and an employer that hires a person with an expunged record faces no claim related to the expunged offense. The person may also deny the expunged record under the same section.
Pardons
A pardon from the Department of Probation, Parole and Pardon Services restores civil rights but does not erase the record. The conviction remains reportable; § 63-11-70 bars considering pardoned offenses only for certain child-welfare roles.
SLED CATCH records
SLED’s name-based check reports arrests fingerprinted into the repository. Some entries lack a final disposition or show an arrest with no court outcome. Confirm any SLED hit at the county clerk of court before you act on it; a real-time county search is the safest route.
Arrests and pending charges
No South Carolina statute bars considering arrests, but the federal FCRA limits reported non-convictions to seven years below $75,000, and an arrest that never became a conviction should not drive a decision on its own.
Juvenile records
Family court juvenile records are confidential under S.C. Code § 63-19-2010 et seq. and are not available for private employment screening.
Licensed occupations
Under § 40-1-140 a licensing board may deny a license for a conviction only when it relates directly to the profession. Employers of licensed staff should mirror that analysis.
How far back a South Carolina background check can go
South Carolina has no reporting-limit statute. The federal FCRA sets the outer limits, and your written policy decides how much of that window you use.
Non-convictions
Arrests, dismissed charges and other adverse items that did not end in conviction may not be reported more than seven years after they occurred, for positions paying under $75,000 a year.
Convictions
The FCRA places no age limit on reported convictions. Most employers adopt a seven- or ten-year policy window, which is easier to defend under the EEOC guidance.
Higher-paid positions
For positions expected to pay $75,000 or more, the seven-year limit on non-convictions does not apply. The individualized-assessment principle still does.
SLED records do not age out on their own. Apply the seven-year rule yourself to any non-conviction entry on a SLED report.
Drug testing, credit checks, salary history and social media
Drug testing
No South Carolina statute restricts private-employer drug testing, and marijuana remains illegal in the state, so there is no cannabis employment protection. S.C. Code § 41-1-15 sets the elements of a voluntary drug-prevention program, including a written policy statement and confidential handling of results, and a qualifying program earns a workers’ compensation premium credit under Title 38. DOT roles follow 49 C.F.R. Part 40.
Unemployment consequences
An employee discharged for a positive test under a communicated policy, collected by a licensed professional, run at a certified laboratory and confirmed by GC/MS, is disqualified from unemployment benefits under S.C. Code § 41-35-120(3) until re-earning eight times the weekly benefit amount. Keep the policy, the chain of custody and the confirmation on file.
Employment credit reports
No South Carolina statute limits employer credit checks. The FCRA steps apply, and the EEOC discourages credit screens that are not job related. Limit them to positions with financial responsibility.
Salary history
No statewide ban. Columbia and Richland County bar the question in their own hiring. Pay decisions must still comply with the federal Equal Pay Act and Title VII.
Social media passwords
South Carolina has not enacted a social-media password law. Requesting personal credentials remains a poor practice that exposes protected traits.
AI in hiring
No South Carolina statute regulates automated hiring tools. Title VII disparate-impact rules apply to any screen, so test tools for adverse impact and keep a human decision-maker.
South Carolina industry-specific screening requirements
Healthcare and direct care
Direct care entities must run a criminal record check through SLED on each direct caregiver before hire under S.C. Code § 44-7-2910 et seq., and long-term care facilities check the nurse aide registry. Administered by the Department of Public Health.
Child care
Child care facility operators, staff and household members must clear fingerprint-based SLED and FBI checks and a Central Registry check under S.C. Code § 63-13-40. Administered by the Department of Social Services.
Public schools
Teacher-education candidates and initial-certification applicants submit fingerprints for SLED and FBI checks under § 59-25-115, and districts run checks on other employees under § 59-19-117. Administered by the Department of Education.
Private security
Security officers and private investigators are licensed by SLED under § 40-18-10 et seq. with fingerprint-based checks.
Transportation
CDL drivers follow FMCSA rules: the Drug and Alcohol Clearinghouse query, the 49 C.F.R. Part 40 panel and motor vehicle record reviews. South Carolina DMV records are available through the driving-records service.
Finance and insurance
Banks follow FDIC Section 19; broker-dealers follow FINRA Rule 3110; insurance producers are checked by the Department of Insurance under § 38-43-100 et seq.
Screening services built for South Carolina employers
BCS Background Screening LLC runs FCRA-compliant searches for South Carolina employers of every size, with no setup fee and per-search pricing.
South Carolina statewide criminal search
SLED CATCH statewide record search, $20 per name plus the $26.43 state fee, with every hit reviewed for identity and disposition before release Order the South Carolina statewide search.
County criminal court search
Direct research at the county courthouse, $18 plus any court fees, seven-year standard scope. This is the search that confirms a database hit before it reaches a report. County court search details.
Nationwide criminal database
$17 locator search of thousands of court, corrections, and registry sources with three name variations searched at once. Every hit is verified at the source before it is reported. Nationwide database search.
Motor vehicle records
State driving records for any position that drives on company business, with CDL and DOT-regulated roles supported. Motor vehicle records.
SSN trace and address history
Included at no extra cost in every search package: 10-plus years of reported address history to point criminal searches at the right counties. SSN trace.
Verifications
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility, all ordered from the same account.
Open a business accountView all Search Packages and Add-ons
Optional Multiple Authentication Factor (MAF) protection is available on every user account.
South Carolina employer compliance checklist
Twelve steps that keep a South Carolina screening program inside the FCRA, the E-Verify mandate and Title VII.
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Run every new hire through E-Verify within three business days, after completing Form I-9.
- Define the screening scope for each position class and apply it to every candidate in that class.
- Never use expunged records; treat a pardoned conviction as still reportable but weigh the pardon.
- Confirm every SLED hit at the county clerk of court before acting on it.
- Keep non-convictions within seven years below $75,000; set a written policy window for convictions.
- Run an individualized assessment before declining a candidate for a record, and keep a dated note.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse-action notice.
- Limit credit reports to positions with financial responsibility and document the reason.
- Adopt a written drug-prevention program that meets § 41-1-15 if you test, and claim the premium credit.
- Follow 49 C.F.R. Part 40 for DOT-regulated positions.
- Review any automated screening tool for disparate impact.
South Carolina background check laws: employer FAQs
Each answer names the statute, what it requires, and the agency that administers it.
Is E-Verify mandatory in South Carolina?
Yes, for every employer. S.C. Code § 41-8-20, part of the Illegal Immigration Reform Act, requires all employers to verify each new hire through E-Verify within three business days of the date of hire. The Department of Labor, Licensing and Regulation enforces it through its Office of Immigrant Worker Compliance; under § 41-8-50 a first violation brings one year of probation with quarterly reports, and a later violation suspends the employer’s business licenses for 10 to 30 days. Form I-9 remains required for every hire.
Does South Carolina have a ban-the-box law?
No. South Carolina has no ban-the-box statute for private or public employers, and § 41-1-35, sometimes cited as one, does not exist. The City of Columbia and Richland County apply fair-chance rules to their own hiring and vendors only. Title VII, enforced by the EEOC, and the South Carolina Human Affairs Law, enforced by the Human Affairs Commission, still require that criminal-record decisions be job related.
How many years back can a South Carolina background check go?
South Carolina has no lookback statute, so the federal Fair Credit Reporting Act governs. Consumer reporting agencies may not report arrests and other non-convictions older than seven years for positions paying under $75,000; convictions carry no federal age limit. The Consumer Financial Protection Bureau and Federal Trade Commission enforce the FCRA.
Can a South Carolina employer use expunged records?
No. Records expunged under S.C. Code § 17-22-910 et seq. are destroyed or sealed, and § 17-22-960 bars employers other than criminal justice agencies from using expunged information adversely against an employee; it also shields an employer that hires a person with an expunged record from claims related to the expunged offense. Expungement orders are processed by the circuit solicitor’s office and carried out by SLED and the clerk of court.
What is a SLED CATCH check and what are its limits?
SLED CATCH is the South Carolina Law Enforcement Division’s name-based public record check under S.C. Code § 23-3-115 et seq. It reports fingerprinted arrests and their recorded outcomes, but some entries lack a final disposition or show an arrest with no court result. Confirm any hit at the county clerk of court before taking adverse action, and apply the FCRA seven-year rule to non-conviction entries yourself.
Are employment credit checks restricted in South Carolina?
No South Carolina statute restricts them. The federal FCRA applies: stand-alone disclosure, written authorization, a pre-adverse action notice with a copy of the report and the Summary of Your Rights, and a final adverse-action notice, enforced by the Consumer Financial Protection Bureau and Federal Trade Commission. Limit credit screens to positions with financial responsibility.
What are South Carolina’s drug-testing rules?
No statute restricts private-employer testing, and marijuana remains illegal, so there is no cannabis employment protection. S.C. Code § 41-1-15 describes the elements of a workplace drug-prevention program and keeps results confidential; a qualifying program earns a workers’ compensation premium credit, administered through the Department of Insurance. An employee discharged for a positive test under a communicated policy, with certified-laboratory testing and GC/MS confirmation, is disqualified from unemployment benefits under § 41-35-120(3), administered by the Department of Employment and Workforce.
Can South Carolina employers give and rely on references?
Yes. S.C. Code § 41-1-65 gives an employer immunity from civil liability for disclosing a current or former employee’s dates of employment, pay level and wage history to a prospective employer, and for responding in writing to a written request about job performance, evaluations and the reason for separation, unless it knowingly or recklessly releases false information. Put reference requests in writing to trigger the immunity, and document the answer.
Screen South Carolina candidates with confidence
Real-time court research, FCRA-ready disclosures and notices, and a quality review team that checks every record before it reaches your report.
Order the South Carolina statewide searchOpen a business account
Our quality review team works 24/7/365.
Call (800) 661-0278 or email support@usabackground.com with any question about screening in South Carolina.
This page is general information for employers, not legal advice. BCS Background Screening LLC is a consumer reporting agency, not a law firm. South Carolina statutes, local ordinances, and agency guidance change; confirm current requirements with employment counsel before adopting or changing a screening policy. Rules described as current were reviewed in October 2026.