Home › Employment background check laws › South Carolina
South Carolina background check laws for employers
South Carolina has no ban-the-box, credit-check, or state consumer reporting law that adds steps for private employers beyond federal FCRA. Employers may not use expunged records against an employee and are shielded from negligent-hiring claims tied to an expunged offense. Nursing homes, home health agencies, and other direct care entities must run criminal record checks before hiring caregivers.
Have a whole roster to keep current every month? DOT fleets: Pact's monthly DOT program, $25 a driver a month ($99 minimum), or $19 a month for an owner-operator. Nursing homes, hospice and home care: staff credential tracking, $10 a staff member a month ($250 minimum). First month free.
Fair-chance hiring (criminal history)
- No South Carolina statute restricting when private employers may ask about criminal history was found in the Labor title (S.C. Code Title 41).
State consumer report rules
- No South Carolina statute adding employer disclosure or consent steps beyond federal FCRA was found; the state's identity theft chapter covers security freezes (S.C. Code Title 37, ch. 20).
How far back a report can go
- Except for criminal justice agencies, employers may not use expunged information against an employee (S.C. Code § 17-22-960).
- An employer that hires someone with an expunged record cannot be sued over the expunged offense, and expunged information may not be used in negligent hiring or retention cases (S.C. Code § 17-22-960).
- First-offense youthful offender convictions and first-offense drug possession convictions can be expunged after waiting periods (S.C. Code §§ 22-5-920, 22-5-930).
- No South Carolina law found that sets a 7-year reporting limit beyond federal FCRA.
Credit checks
- No South Carolina statute limiting employer use of credit reports was found in the Labor title (S.C. Code Title 41).
Also good to know
- Nursing homes, adult day care, home health agencies, community residential care, hospice, in-home care providers, and other direct care entities must run a criminal record check before employing or contracting with a direct caregiver (S.C. Code § 44-7-2910(A)).
Common questions
Can South Carolina employers run a background check?
South Carolina has no ban-the-box, credit-check, or state consumer reporting law that adds steps for private employers beyond federal FCRA. Employers may not use expunged records against an employee and are shielded from negligent-hiring claims tied to an expunged offense. Nursing homes, home health agencies, and other direct care entities must run criminal record checks before hiring caregivers.
Does South Carolina have a ban-the-box law for private employers?
No South Carolina statute restricting when private employers may ask about criminal history was found in the Labor title (S.C. Code Title 41).
How far back does a background check go in South Carolina?
Except for criminal justice agencies, employers may not use expunged information against an employee (S.C. Code § 17-22-960).
Can South Carolina employers run credit checks on applicants?
No South Carolina statute limiting employer use of credit reports was found in the Labor title (S.C. Code Title 41).
Some rules for South Carolina weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- S.C. Code Title 17, ch. 22 incl. § 17-22-960 (official SC Legislature)
- S.C. Code Title 22, ch. 5 incl. §§ 22-5-920, 22-5-930 (official SC Legislature)
- S.C. Code Title 44, ch. 7 incl. § 44-7-2910 (official SC Legislature)
- S.C. Code Title 41 chapter list (official SC Legislature)
- S.C. Code Title 37 chapter list (official SC Legislature)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.
More for South Carolina
South Carolina drug testing laws · South Carolina drug-free workplace discount · All states