Employers in South Carolina rely on background checks to make informed hiring decisions, but the process must comply with both federal law and state-specific requirements. Understanding what you can — and cannot — do helps reduce legal risk while protecting your organization.
This guide explains South Carolina background check laws, employer obligations, and best practices.
Are Background Checks Legal in South Carolina?
Yes. Employers in South Carolina are allowed to conduct background checks on job applicants and employees. However, they must follow the Fair Credit Reporting Act (FCRA) and applicable state laws.
There is no single comprehensive South Carolina background check statute, which means federal law plays a central role in compliance.
FCRA Requirements for South Carolina Employers
If you use a third-party background screening company (like The Screening Source), you must follow FCRA rules, including:
1. Written Disclosure and Authorization
Before running a background check, employers must:
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- Provide a standalone written disclosure
- Obtain written authorization from the applicant
The disclosure cannot be hidden inside an application or combined with other acknowledgments.
2. Pre-Adverse Action Process
If information in the report may lead to a negative hiring decision, employers must:
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Provide a pre-adverse action notice
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Include a copy of the background report
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Include a copy of “A Summary of Your Rights Under the FCRA”
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Allow reasonable time for the applicant to dispute inaccuracies
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3. Adverse Action Notice
If the final decision is not to hire, promote, or retain the individual, the employer must issue an adverse action notice explaining:
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The decision
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The screening company’s contact information
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The applicant’s right to dispute the report
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Is South Carolina a Ban-the-Box State?
No.
South Carolina does not have a statewide ban-the-box law for private employers.
However:
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Some local governments or public employers may have policies delaying criminal history inquiries
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Employers should still apply background check timing consistently to avoid discrimination claims
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What Criminal Records Can Employers Use in South Carolina?
South Carolina allows employers to consider:
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Felony convictions
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Misdemeanor convictions
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Pending charges (with caution)
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Important Considerations:
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Arrests without conviction should be weighed carefully
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Decisions must be job-related and consistent with business necessity
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EEOC guidance applies, even without a state statute
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Expungement Laws in South Carolina
South Carolina allows certain criminal records to be expunged, meaning they are removed from public view.
Once a record is expunged:
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Employers cannot legally consider it
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Applicants may lawfully answer “no” when asked about that offense
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Employers should ensure their screening provider updates records accurately to avoid compliance issues.
Credit Checks for Employment in South Carolina
South Carolina does not restrict employment credit checks, but federal FCRA rules apply.
Best practices include:
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Using credit reports only when job-related
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Applying credit checks consistently
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Avoiding unnecessary use for non-financial roles
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Drug Testing Laws in South Carolina
South Carolina allows:
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Pre-employment drug testing
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Random and post-accident testing
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Employers should:
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Use certified labs
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Apply policies consistently
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Document procedures clearly
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Best Practices for South Carolina Employers
To stay compliant and reduce risk:
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Use FCRA-compliant authorization forms
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Partner with a professional background screening provider
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Apply screening criteria consistently
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Avoid blanket disqualifications
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Keep screening policies documented and up to date
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Why Employers Choose The Screening Source
The Screening Source, LLC helps South Carolina employers:
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Stay FCRA-compliant
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Access accurate, timely background data
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Reduce hiring risk
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Improve turnaround time
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From criminal history checks to employment verification, we support compliant hiring decisions at every stage.
Frequently Asked Questions
How far back do background checks go in South Carolina?
Most criminal records can be reported indefinitely unless expunged. Non-convictions generally follow FCRA time limits.
Can an employer deny employment based on a felony?
Yes, if the decision is job-related and consistent with business necessity.
Do employers need consent for background checks?
Yes. Written authorization is required under the FCRA.
