Accessing Arrest and Conviction Records
Two federal laws regulate how pre-employment background checks are handled in South Carolina. These are the Fair Credit Reporting Act (FCRA) and Title VIII of the Civil Rights Act of 1964.
There are also several South Carolina state laws on pre-employment background checks.
- S.C. Code Ann. § 37-20-170 – The consumer reporting agency is required to provide a notice to the applicant of the basis for the denial as well as sufficient evidence that the information reported is accurate
- S.C. Code Ann. § 17-22-960 – Employers are prohibited from using records that have been expunged as part of their hiring decisions for candidates or employees. Further, it also provides immunity to employers regarding negligent hiring lawsuits that are based on hiring decisions of applicants whose records have been expunged
- SC Code Ann. § 63-11-70 – Child welfare agencies can consider the facts of a pardoned offense but are prohibited from considering the pardon itself when making hiring decisions. In such cases, they must complete an investigation.
In some municipalities, including Columbia, Rock Hill, Charleston, Greenville, North Charleston, Goose Creek, Mount Pleasant, and Summerville, a hiring officer is only allowed to request a background check after they have given the candidate a conditional offer of employment.
Our criminal background checks report convictions and serious pending cases that belong to your applicant. We now offer Continuous Monitoring, which is used to stay on top of applicant's criminal records after they have been hired. New arrests, pending cases, and convictions will be reported.
Ban the Box Policies – Municipal and County
The State of South Carolina has no statewide Ban the Box or second chance laws beyond what the FCRA provides. Some municipalities within the state have approved a Ban the Box rule, and some others have unofficial Ban the Box policies that they have implemented. They largely apply strictly to public employers in city and state government hiring processes.
Private employers are not held to these restrictions. They are free to continue conducting criminal background screening, including arrest records, provided they adhere to the fair hiring practices of federal, state, and local regulations.
The following counties have instituted limited ban-the-box ordinances:
Richland, York
At the local level, the following municipalities have passed ban-the-box ordinances:
Aiken, Columbia, Spartanburg
Private employers must comply with federal, state, and local laws that promote fair hiring practices when conducting state-level criminal background screenings. It is crucial for public employers to keep themselves informed about the unique municipal and county ban-the-box regulations applicable in their jurisdiction, as they can differ from one another.
