South Carolina Background Check Laws

South Carolina does not have a statewide 'ban-the-box' law that applies to private employers. Public employers are generally not subject to a statewide ban-the-box law either, though some individual agencies or local governments may adopt their own policies.

South Carolina law does not significantly differ from or add to the federal FCRA regarding the general requirements for obtaining and using consumer reports for employment purposes. Employers must still comply with all federal FCRA provisions, including obtaining proper consent, providing pre-adverse action notices, and adverse action notices.

South Carolina generally aligns with the federal FCRA's seven-year reporting limitation for certain adverse information (e.g., arrests not leading to conviction, civil suits, paid tax liens) when the salary for the position is less than $75,000. However, convictions can generally be reported indefinitely under federal FCRA, and South Carolina law does not impose additional restrictions on conviction reporting timeframes for employment purposes beyond what the FCRA allows. Information regarding arrests that did not lead to a conviction may be considered less relevant over time.

In South Carolina, records that have been expunged or sealed by court order should not be reported by background check providers. Employers should treat expunged records as if they never occurred. It is generally unlawful for an employer to inquire about or consider expunged criminal records. Employers should ensure their background check providers are aware of and comply with South Carolina's expungement laws.