South Carolina employers run background checks against two layers of law. The first is federal: the Fair Credit Reporting Act sets the ground rules for any employer that uses a third party consumer reporting agency. The second is state specific: South Carolina has its own criminal records system, its own expungement and pretrial intervention statutes, and a reference immunity law that shapes what a former employer may say about a departing worker. Neither layer replaces the other, and an employer that gets only one side right can still end up out of compliance.
This guide walks through both layers for private employers operating in South Carolina. It does not cover every job category or every local ordinance, and it is not a substitute for legal counsel on a specific hiring decision.
The federal baseline every South Carolina employer still has to meet
If a South Carolina employer orders a background check through a consumer reporting agency rather than doing its own public records pull, the Fair Credit Reporting Act applies regardless of state law. The statute requires a clear, standalone disclosure to the applicant that a report may be obtained, separate from the job application itself, and written authorization from the applicant before the report is requested. These duties come directly from 15 U.S.C. 1681b, which also sets out the pre adverse action and adverse action steps an employer must follow if it intends to deny employment, in whole or part, because of information in the report.
Before taking adverse action, the employer must give the applicant a copy of the report and a copy of the Summary of Rights, then allow a reasonable period for the applicant to respond before a final decision is made. After the decision, a second notice, the adverse action notice, tells the applicant what happened and identifies the reporting agency.
Federal law also limits how far back certain negative information can be reported. Under 15 U.S.C. 1681c, civil suits, civil judgments, and records of arrest that did not result in a conviction generally cannot be reported after seven years, with limited exceptions tied to salary thresholds. Convictions themselves are not subject to that seven year limit and may be reported without a time restriction under the FCRA, though a consumer reporting agency’s own policies or state law can still narrow what it includes. Employers that want background check vendors to verify information directly with employers or former employers, rather than relying solely on investigative methods, should also understand the separate notice obligations in 15 U.S.C. 1681k, which applies when a report may contain public record information likely to have an adverse effect on the applicant.
South Carolina has not enacted its own state level consumer reporting statute that layers additional disclosure or timing rules on top of the FCRA for private employment screening, so the federal statute is generally the operative framework for the authorization and adverse action process itself. What South Carolina does add is state specific rules about what criminal history even exists to report, and about what a reference can say.
SLED criminal record checks
South Carolina’s state repository for criminal history is maintained by the South Carolina Law Enforcement Division, known as SLED. Employers and background check companies request statewide criminal history through SLED’s public records system, commonly called CATCH, which stands for Centralized Access to Criminal History. The CATCH system, available through SLED’s public records portal, allows a search by name and date of birth for state level criminal history, separate from any county level court search a screening company might also run to catch records that have not yet been fully reported to the state repository.
A SLED name based check and a county court records search can return different results, since reporting lag between courts and the state repository varies, and some employers in sensitive industries (schools, healthcare, financial services) are required by other state or federal law to also obtain fingerprint based checks rather than relying on a name based search alone. Which check is appropriate depends on the position and any licensing requirements that apply to it, and that determination should be made with the industry specific regulator rather than assumed.
Pretrial intervention, expungement, and what can lawfully disappear from a record
South Carolina law allows certain first offenders to complete a pretrial intervention program instead of facing prosecution. Under South Carolina Code Title 17, Chapter 22, an offender who successfully completes pretrial intervention under Section 17-22-150 is entitled to a noncriminal disposition of the charge, and may apply to the court for an order to destroy the official arrest records. The practical effect is that a person who completed pretrial intervention is, in the eyes of the law, restored to the status held before the arrest, and is not required to disclose that arrest in response to most inquiries.
The same chapter governs expungement more broadly. Section 17-22-950 addresses expungement orders issued by summary courts when charges are dismissed, nolle prossed, or result in a not guilty finding, and it requires that expunged criminal charges be removed from internet based public records no later than thirty days from the disposition date. An employer running a background check on someone whose charge was properly expunged under this section should not see that charge surface in a current, lawfully maintained record, though timing gaps between a court’s action and a database update can still occur. If a report appears to conflict with a candidate’s statement that a charge was expunged, the more reliable path is to request documentation of the expungement order rather than assume the database is wrong or right.
South Carolina does not have a single statute that blanket seals all old convictions after a fixed number of years the way some states do; eligibility for expungement depends on the specific offense and disposition, and employers should not assume a given charge is either reportable or expunged without checking the current record and any documentation the applicant provides.
Ban the box and local hiring rules
South Carolina has not passed a statewide ban the box law that would require private employers to delay asking about criminal history until later in the hiring process. Private employers in South Carolina are generally free to ask about criminal history on an initial application, subject to the federal anti discrimination principles described below. Some South Carolina local governments have adopted their own hiring policies for their own public sector positions, and those policies can differ from the state default, but they apply to that government’s own hiring, not automatically to private employers operating in that city or county. Employers should not assume a fair chance policy applies to them simply because their business is located inside a particular municipality.
EEOC guidance on arrest and conviction records
Using criminal history in hiring decisions can raise federal discrimination concerns under Title VII of the Civil Rights Act of 1964, enforced by the Equal Employment Opportunity Commission. The agency has rescinded its 2012 enforcement guidance document on arrest and conviction records, so that specific 2012 publication should not be cited or relied on as current agency position. Employers should instead look to the EEOC’s current public pages on background checks and employment discrimination and the agency’s overview of Title VII of the Civil Rights Act of 1964 for the framework that currently applies. In general terms, a blanket policy that excludes every applicant with any criminal record, regardless of the offense, its age, or its relevance to the job, may raise a disparate impact concern under Title VII, and an individualized assessment that considers the nature of the offense, the time that has passed, and the duties of the position is generally the more defensible approach. This is a complex, fact specific area, and employers should consult counsel before adopting or changing a criminal history policy rather than relying on a summary like this one.
Reference checks and employer immunity
South Carolina employers that are asked to provide a reference for a current or former employee have some statutory protection. Under South Carolina Code Section 41-1-65, an employer is generally immune from civil liability for disclosing an employee’s or former employee’s dates of employment, pay level, and wage history to a prospective employer. The statute also extends immunity to a written response, made to a written request, that discloses written performance evaluations, the reason for separation, whether the departure was voluntary or involuntary, and information about job performance. That immunity does not apply if the employer knowingly or recklessly releases false information, so the protection is tied to accuracy, not to the mere act of responding.
This statute is one reason some South Carolina employers are willing to confirm more than dates of employment when asked in writing, though company policy still varies widely and many employers choose to limit references regardless of the statutory protection available to them.
Drug testing and confidentiality of program records
South Carolina does not mandate workplace drug testing for private employers generally, but it does regulate employers that choose to run a drug prevention program. Section 41-1-15 allows an employer to establish a drug prevention program tied to the state’s workers compensation premium discount statute, and requires that test results, interviews, and related records be kept confidential, with disclosure generally limited to a signed consent form unless a court or an agency proceeding requires otherwise. Employers that drug test as part of a pre employment process should treat those results with the same confidentiality the statute requires for an active workplace program.
South Carolina employer rules at a glance
| Topic | South Carolina rule | Primary source |
|---|---|---|
| Ban the box for private employers | No statewide requirement; private employers may generally ask about criminal history on the application | No state statute found; see South Carolina Code Title 17, Chapter 22 context on expungement and pretrial intervention |
| Lookback period on reporting non convictions | Seven year federal limit on civil suits, civil judgments, and non conviction arrest records in FCRA reports | 15 U.S.C. 1681c |
| Pretrial intervention and record destruction | Successful completion allows a noncriminal disposition and a court order to destroy official arrest records | South Carolina Code 17-22-150 |
| Expungement removal from public databases | Qualifying summary court expungements must be removed from internet based public records within thirty days of disposition | South Carolina Code 17-22-950 |
| Reference immunity | Employers are generally immune from civil liability for accurate, written responses about dates, pay, evaluations, and separation reason | South Carolina Code 41-1-65 |
| Drug testing program confidentiality | Test results and program records must be kept confidential, generally disclosed only with signed consent | South Carolina Code 41-1-15 |
South Carolina employers that want to confirm a candidate’s standing before making an offer can start with a standard employee background check process that documents disclosure and authorization correctly from the first step. Employers hiring across state lines may also want to compare rules in a neighboring state, such as this overview of North Carolina background check laws for employers, since the two states handle expungement and local hiring policy differently.
Frequently asked questions
Does South Carolina require a separate background check disclosure form?
South Carolina does not add its own disclosure statute on top of the federal requirement. The controlling rule is the FCRA’s standalone disclosure and written authorization requirement under 15 U.S.C. 1681b, which applies to any employer using a third party consumer reporting agency.
Can a South Carolina employer see an expunged charge on a background check?
A properly expunged charge under South Carolina Code 17-22-950 must be removed from internet based public records within thirty days of disposition, so a current report generally should not show it. Database reporting lag can still occur, and an applicant’s documentation of the expungement order is the most reliable way to resolve a discrepancy.
Is there a ban the box law for private employers in South Carolina?
No. South Carolina has not passed a statewide ban the box law covering private employers, so employers may generally ask about criminal history earlier in the process, subject to federal antidiscrimination principles under Title VII.
What does completing pretrial intervention do to a person’s record in South Carolina?
Under South Carolina Code 17-22-150, successful completion generally leads to a noncriminal disposition, and the person may apply for a court order to destroy the official arrest record, which restores their legal status to what it was before the arrest.
Can a former employer in South Carolina legally refuse to give more than dates of employment?
Yes. South Carolina Code 41-1-65 gives employers immunity for certain disclosures if they choose to make them, but it does not require an employer to say anything beyond dates of employment, pay level, and wage history.
Is the EEOC’s 2012 guidance on criminal records still the current federal standard?
No. The EEOC rescinded that 2012 enforcement guidance document. Current agency positions on background checks and discrimination should be checked against the EEOC’s active public guidance pages rather than that withdrawn document.
This article is general information, not legal advice. Employers should consult qualified counsel about how federal and South Carolina law apply to a specific hiring decision.
