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South Carolina Background Check Laws: What Employers Need to Know
South Carolina's added rules center on expunged records and dispute handling, relevant across the state's automotive, aerospace, and tourism industries, whether you're hiring in Charleston, Columbia, or Greenville.
Expunged Records
Employers can't consider any record that's been expunged, and are protected from liability related to an expunged offense. That liability protection is worth noting: it means following the rule doesn't expose an employer to negligent hiring risk over the record they weren't allowed to see.
Child Welfare Agencies and Pardoned Offenses
Child welfare agencies can't consider a pardoned offense itself, but may consider the underlying facts of the offense in a hiring decision, which means an investigation is required rather than a simple record check.
Dispute Handling
If a screening company verifies disputed information as accurate, South Carolina requires it to notify the consumer with the basis for that determination and sufficient supporting evidence, beyond what the federal FCRA requires.
Pass-Through Fees for South Carolina Records
| Record Type | Fee |
|---|---|
| Criminal county search | No pass-through fee listed for county-level searches in this state |
| Criminal statewide (SC Law Enforcement Division Criminal Records Department) | $25.00 per standard name-based SLED records search, or $8.00 for qualified charitable organizations |
| Motor vehicle record | $11.25 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from South Carolina Employers
Does South Carolina have a Ban-the-Box law?
No statewide law for private employers. South Carolina's added requirements involve expunged records and dispute handling rather than timing of the inquiry.
Am I liable if I don't see an expunged record in South Carolina?
No. State law explicitly frees employers from liability related to an expunged offense, which is a meaningful protection for employers following the rule.
Is there a discounted rate for nonprofits in South Carolina?
Yes. Qualified charitable organizations pay $8.00 rather than the standard $25.00 for a SLED records search.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
