Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →South Carolina: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
South Carolina does not have a ban the box law for public or private employers. Employers may ask about criminal history on the initial job application and at any stage of the hiring process.
Criminal Record Lookback Period
South Carolina has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
South Carolina has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
South Carolina's Uniform Expungement of Criminal Records Act allows eligible records, including dismissed charges, certain first offense misdemeanors, and certain first offense drug possession cases, to be destroyed rather than merely sealed. Once expunged, the offense no longer appears on a background check and is treated as though it never occurred. Employers who rely in good faith on this rule are protected from negligent hiring claims based on the expunged record.
Salary History Ban
South Carolina does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
South Carolina does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
South Carolina has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
South Carolina has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
South Carolina has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
South Carolina has no legal marijuana program of any kind, medical or recreational. The only exception is a narrow allowance for low THC CBD products for patients with intractable epilepsy. Employers may test for marijuana, enforce a zero tolerance policy, and take adverse action based on a positive test.
Pre-Adverse Action Notice & Waiting Period
South Carolina has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline. Source Text: No South Carolina Statute
Adverse Action Notice Requirements
South Carolina has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
South Carolina has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Childcare Screening
South Carolina requires a state fingerprint based background check through the State Law Enforcement Division, a federal fingerprint based FBI check, a Central Registry check for child abuse or neglect, and a sex offender registry search before a person may work or provide caregiver services at a licensed childcare facility.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
South Carolina has no local ordinances regulating criminal history inquiries by private employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
South Carolina gives employers wide latitude, but a few requirements still apply. To stay compliant:
Provide a clear disclosure and obtain written authorization before running a background check. Do not ask about or consider expunged criminal records. Run the required SLED, FBI, and Central Registry background check before hiring for any childcare role. Follow the FCRA's pre-adverse and final adverse action process before denying employment based on a report. Marijuana use does not need to be accommodated for any applicant or employee; zero tolerance policies are fully enforceable.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the South Carolina Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. South Carolina law.