At-a-Glance Compliance Overview

State Mini-FCRA Laws

South Carolina does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

South Carolina does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing & Expungement

South Carolina provides mechanisms for expungement of certain criminal records.

Relevant statutes include:

S.C. Code Ann. §22-5-910 et seq. – Expungement provisions
S.C. Code Ann. §17-22-910 et seq. – Expungement and record sealing

Key Provisions

Eligible individuals may petition to expunge:

• arrests and charges not resulting in conviction
• certain misdemeanor convictions (including first offense minor offenses)
• limited non-violent felony offenses under specific conditions

Expunged records are removed from public access and generally will not appear in routine employment background checks.

Fair Chance / Ban-the-Box Law

South Carolina has not adopted a statewide ban-the-box law applicable to private employers.

Private employers may:

• inquire about criminal history at any stage of the hiring process
• include criminal history questions on initial job applications

No state or local timing restrictions apply.

Credit Check Rules

South Carolina does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis & Drug Testing Rules

South Carolina has not legalized marijuana for recreational or medical use (outside of very limited CBD allowances) and does not provide employment protections related to marijuana use.

Employers may:

• maintain drug-free workplace policies
• require drug testing
• discipline employees for positive drug tests

Pay Equity & Salary History Rules

South Carolina does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in South Carolina.

Key Statutes

• Expungement – S.C. Code Ann. §22-5-910 et seq.
• Expungement / Record Sealing – S.C. Code Ann. §17-22-910 et seq.

Employer Compliance Checklist

Employers conducting background checks in South Carolina should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Ensure expunged records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Evaluate use of credit information for job-relatedness and compliance with employment laws.

• Maintain clear workplace drug testing policies addressing controlled substance use and workplace impairment.