South Carolina Background Check Laws for Employers (2026)
South Carolina has no ban-the-box law, no credit-check statute and no salary-history ban. However, it has 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, the application questions you may ask, and the federal FCRA steps that apply on top.
South Carolina Background Check 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.
The table maps each rule to the agency that administers it. Use it as a quick reference before you build or revise a screening policy.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no South Carolina equivalent) | Requires a stand-alone disclosure, written authorization, and pre-adverse and adverse-action notices. | Consumer Financial Protection Bureau; Federal Trade Commission |
| State criminal records | S.C. Code § 23-3-115 et seq. | Governs release of state criminal history; SLED CATCH is the name-based public check employers use. | South Carolina Law Enforcement Division (SLED) |
| Fair chance / ban the box | No statewide law; Columbia and Richland County policies | Private employers may ask about convictions on an application; local rules bind those governments and their vendors. | City of Columbia; Richland County |
| Sealed and expunged records | S.C. Code § 17-22-910 et seq.; § 17-22-960 | Bars employers from using expunged records; the person may deny them, and the hiring employer is shielded from claims. | Circuit solicitors; SLED |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | Consumer Financial Protection Bureau; Federal Trade Commission |
| Credit reports | No state restriction; FCRA | Requires FCRA consent and adverse-action steps for employment credit checks. | Consumer Financial Protection Bureau; Federal Trade Commission |
| Salary history | No statewide ban; Columbia and Richland County policies | Local governments bar the question in their own hiring only. | City of Columbia; Richland County |
| Drug and marijuana testing | S.C. Code § 41-1-15 (drug-free workplace) | Sets the elements of a workplace drug-prevention program; no testing restriction and no cannabis protection. | S.C. Department of Labor, Licensing and Regulation; Department of Insurance (premium credit) |
| Application questions | Title VII, ADEA, ADA, INA (federal); S.C. Code § 1-13-10 et seq. (Human Affairs Law) | Bars pre-offer questions about protected characteristics, disability, and citizenship status. | EEOC; U.S. Department of Justice; S.C. Human Affairs Commission |
| E-Verify | S.C. Code § 41-8-20 (Illegal Immigration Reform Act) | Every employer must verify each new hire through E-Verify within three business days of hire. | S.C. Department of Labor, Licensing and Regulation, Office of Immigrant Worker Compliance |
| Social media | No state statute | South Carolina has no password-privacy law for applicants. | Not applicable |
| Reference checks | S.C. Code § 41-1-65 | Gives employers immunity for truthful reference disclosures unless they knowingly or recklessly release false information. | South Carolina courts |
| Occupational licensing | S.C. Code § 40-1-140 | A licensing board may not deny a license for a conviction unless it relates directly to the profession. | Each professional licensing board under LLR |
How the FCRA Applies to South Carolina Employers
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 state-specific step comes after the hire: the E-Verify query described below runs alongside the FCRA process for every new employee.
Clear Disclosure
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes. Keep the form free of liability waivers and extra language.
Written Authorization
Get written authorization before you order. Then match the search to the position, and apply the same package to every candidate for the same job.
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 and stating that it did not make the decision. Explain the right to a free file copy within 60 days and the right to dispute.
SLED Records and County Court Searches in South Carolina
South Carolina keeps criminal records at two levels: the SLED repository and the county clerks of court. Both are public, but expunged and juvenile records are off limits.
S.C. Code § 23-3-115 et seq. governs release of state criminal history. SLED CATCH is the name-based public check that employers and screening companies use.
What a SLED CATCH Check Reports
SLED’s name-based check reports arrests fingerprinted into the repository and their recorded outcomes. However, 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.
How BCS Background Screening LLC Searches South Carolina
The South Carolina statewide criminal search runs the SLED CATCH record search for $20 per name plus the $26.43 state fee. Every hit is reviewed for identity and disposition before release.
The county criminal court search adds direct research at the courthouse for $18 plus any court fees. This is the search that confirms a database hit before it reaches a report.
How Far Back a South Carolina Background Check Can Go
South Carolina has no reporting-limit statute. Therefore, the federal FCRA rule in 15 U.S.C. § 1681c sets the outer limits, and your written policy decides how much of that window you use.
Non-Convictions (Federal)
Arrests, dismissed charges and other adverse items that did not end in conviction may not be reported more than seven years after they occurred.
Convictions (Federal)
The FCRA places no age limit on reported convictions under § 1681c(a)(5). Most employers adopt a seven- or ten-year policy window.
Salary Exemption (Federal)
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
SLED records do not age out on their own. Apply the seven-year rule yourself to any non-conviction entry on a SLED report.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Expunged, Pardoned, and Juvenile Records in South Carolina
Sealed, Expunged, and Set-Aside Records
South Carolina has no automatic clean-slate sealing. Instead, a person petitions for expungement under Article 9 of Chapter 22, Title 17 (§ 17-22-910 et seq.).
That article 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 in employment decisions. The person may also deny the expunged record under the same section.
An employer that hires a person with an expunged record faces no claim 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.
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.
S.C. Code § 63-11-70 bars considering pardoned offenses only for certain child-welfare roles. Elsewhere, weigh the pardon as part of your individualized assessment.
Arrests and Non-Convictions
No South Carolina statute bars considering arrests. However, the federal FCRA limits reported non-convictions to seven years for positions paying under $75,000.
An arrest that never became a conviction should not drive a decision on its own. Confirm the final disposition before you act.
Juvenile Records
Family court juvenile records are confidential under S.C. Code § 63-19-2010 et seq. As a result, they 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.
Does South Carolina Have a Ban the Box Law?
No. South Carolina has no ban-the-box statute for private or public employers. Earlier versions of this page cited § 41-1-35 as a public-employer rule; no such section exists.
Therefore, asking about convictions on the application is lawful. Deciding on the application, before you know anything about the offense, is the exposure.
South Carolina requires no individualized assessment, notice, or waiting period before you act on a record. Even so, many South Carolina employers move the question to the interview stage and record an individualized assessment for any decline.
City of Columbia and Richland County
The City of Columbia and Richland County removed the conviction question from their own applications. Both apply fair-chance rules to their own hiring.
Those policies bind those governments as employers and reach their vendors. They do not reach other private businesses.
What Still Limits the Decision
Title VII applies to South Carolina employers with 15 or more employees. The South Carolina Human Affairs Commission enforces the parallel state law, S.C. Code § 1-13-10 et seq.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Federal Contractors
Federal contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for work under covered federal contracts.
What a South Carolina Job Application May Ask
South Carolina has no statute that lists forbidden pre-employment inquiries. Instead, federal law decides which questions a South Carolina application may ask.
The South Carolina Human Affairs Law, S.C. Code § 1-13-10 et seq., bars discrimination on the same protected grounds at employers with 15 or more employees. So, the four limits below apply to nearly every South Carolina employer.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match SLED and court records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?” Form I-9 and E-Verify begin only after the offer is accepted.
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
No South Carolina statute limits employer credit checks. Still, the FCRA disclosure, authorization, and adverse-action steps apply in full.
Limit credit screens to positions with financial responsibility and document the reason. That practice lowers disparate-impact risk under Title VII.
Salary History and Pay Transparency
South Carolina has no statewide salary-history ban and no pay transparency statute. Columbia and Richland County bar the question in their own hiring only.
Pay decisions must still comply with the federal Equal Pay Act and Title VII.
Drug and Marijuana Testing
No South Carolina statute restricts private-employer drug testing. Marijuana remains illegal in the state, so there is no cannabis employment protection, and employers may test under their own policies.
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. A qualifying program earns a workers’ compensation premium credit under Title 38.
An employee discharged for a positive test under a communicated policy is disqualified from unemployment benefits under S.C. Code § 41-35-120(3). The sample must be collected by a licensed professional, run at a certified laboratory and confirmed by GC/MS.
Keep the policy, the chain of custody and the confirmation on file. DOT roles follow 49 C.F.R. Part 40 regardless of state law.
Motor Vehicle Records
South Carolina DMV driving records are released for employment purposes under the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721. Obtain written consent before you order.
Motor carriers also follow 49 C.F.R. § 391.23, which requires MVR and previous-employer inquiries. BCS Background Screening LLC pulls these reports through its motor vehicle records search.
E-Verify and Form I-9
The South Carolina Illegal Immigration Reform Act, S.C. Code § 41-8-20, requires all employers, regardless of size, to verify each new hire through E-Verify within three business days of hire. The private-employer mandate reached every employer on January 1, 2012.
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.
Contractors and subcontractors on public contracts must comply as a condition of the contract and certify compliance to the public body.
Form I-9 is still required for every hire under 8 C.F.R. § 274a.2. 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. Enrollment is free at e-verify.gov.
Social Media and Passwords
South Carolina has not enacted a social-media password law. Even so, requesting personal credentials remains a poor practice that exposes protected traits.
Automated and AI Hiring Tools
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.
Reference Checks
S.C. Code § 41-1-65 gives an employer immunity from civil liability for disclosing dates of employment, pay level and wage history to a prospective employer. The same shield covers a written response to a written request about job performance.
The immunity falls away if the employer knowingly or recklessly releases false information. Put reference requests in writing to trigger the immunity, and document the answer.
South Carolina Industry-Specific Screening Requirements
Some South Carolina jobs require fingerprint-based SLED and FBI checks by law. Below are the rules employers ask about most.
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. Long-term care facilities also 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. 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.
Commercial Drivers
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.
What Changed for South Carolina Employers in 2026
South Carolina passed no new screening statute in 2026. However, three federal changes affect how South Carolina employers screen this year.
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. Marijuana remains illegal in South Carolina, so no state protection applies to any other role either.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
South Carolina Employment Screening Services
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. Every hit is reviewed for identity and disposition before release.
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.
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.
Federal Criminal Search
Covers the U.S. District Court for the District of South Carolina for federal offenses.
Motor Vehicle Records
State driving records for any position that drives on company business, with CDL and DOT-regulated roles supported.
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.
Verifications and Add-ons
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility, all ordered from the same account.
South Carolina Employer Compliance Checklist
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Run every new hire through E-Verify within three business days, after completing Form I-9.
- 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.
- Adopt a written drug-prevention program that meets § 41-1-15 if you test, and follow 49 C.F.R. Part 40 for DOT roles.
South Carolina Employment Screening Law FAQs
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 from using expunged information in employment decisions. The person may deny the expunged record.
The same section 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.
What may a South Carolina employer ask on a job application?
South Carolina has no pre-employment inquiry statute, so federal law controls. Title VII, the ADEA, the ADA, and the INA bar pre-offer questions about sex, religion, age, disability, and citizenship status, and the South Carolina Human Affairs Commission enforces the parallel state law.
The EEOC and the Department of Justice enforce the federal rules. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
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. It also covers a written response to a written request about job performance, evaluations and the reason for separation.
The immunity falls away if the employer knowingly or recklessly releases false information. Put reference requests in writing to trigger the immunity, and document the answer. South Carolina courts apply the statute.
Start Screening South Carolina Applicants Today
BCS Background Screening LLC delivers real-time court research, FCRA-ready disclosures and notices, and a quality review team that checks every record before it reaches your report. Open an account today and order your first South Carolina search in minutes.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about South Carolina background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.