South Carolina Employment Screening Overview
South Carolina has moderate employment screening regulations, requiring all employers to use E-Verify for new hires within three business days and following statewide ban-the-box rules that delay criminal history inquiries until after interview selection or conditional offer.
Employers should note that only job-related convictions may be considered, and federal requirements plus local ordinances in places like Columbia may add additional obligations.
What's Permitted
- Statewide E-Verify enrollment required for all private employers with business licenses
- Ban-the-box law delays criminal history inquiries until after interview selection
- Drug testing permitted with 30-day advance written policy notice to employees
- No statewide salary history ban; only Columbia and Richland County government employers restricted
What's Prohibited
- Asking about criminal convictions on job applications unless directly job-related
- Using expunged or sealed criminal records in employment decisions
- Inquiring about salary history for City of Columbia government positions
- Failing to use E-Verify within three business days of hiring new employees
Ban the Box Laws
NoStatus Summary
South Carolina has no enacted statewide Ban the Box law. H.3272 (https://www.scstatehouse.gov/sess126_2025-2026/bills/3272.htm) remains unpassed. Columbia’s ordinance (https://columbiasc.gov/the-city-of-columbia-partners-with-local-agencies-to-highlight-second-chance-month/) applies only to municipal employment, not private employers.
Key Requirements
H.B. 3272 (Proposed Ban the Box Act)
Proposed statewide ban-the-box bill, not enacted as of Jan 2026:
- Prohibits conviction questions on applications
- Allows exceptions if directly job-related
- Delays inquiries until interview or offer
- Requires individualized assessment of convictions
- Penalties and enforcement details not finalized
https://www.scstatehouse.gov/sess126_2025-2026/bills/3272.htm | https://www.scstatehouse.gov/code/t41c001.php
City of Columbia Ban the Box Ordinance (2019)
Local ordinance covering certain city employment and contractors:
- Applied to municipal employment and city contractors
- Initially included private employers; scope later narrowed
- Prohibits conviction questions on applications
- Requires individualized assessment and applicant notices
- Recordkeeping: three years minimum required
Ban the Box Best Practices for South Carolina Employers
- Delay criminal-history questions until after interview or conditional offer
- Remove conviction questions from all initial applications and screenings
- Follow FCRA notice, consent, and adverse-action procedures
- Conduct individualized, job-related assessments before adverse hiring decisions
- Monitor state and local law changes and Columbia ordinance applicability
Salary History Ban
Local Ordinances OnlySouth Carolina State Law (no statewide ban)
State-level status:
- No statewide salary-history ban.
- Employers may ask prior pay.
- State HR regs don't prohibit inquiries.
- State FOIA discloses some salaries.
Sources: https://www.scstatehouse.gov/code/t41c010.php | https://admin.sc.gov/sites/admin/files/Documents/StateHR/2024%20HR%20Regulations%20Revision%20Final.pdf | https://admin.sc.gov/transparency/state-salaries
Ordinance 2019-022 — City of Columbia
Ordinance overview:
- Prohibits wage-history inquiries on applications.
- Broader restrictions apply to city hires.
- Scope disputed; see city guidance.
- City may evaluate vendors' practices.
Sources: https://citycouncil.columbiasc.gov/wp-content/uploads/2021/01/Ordinance_2019_022_Conviction_and_Wage_History_Prohibition.pdf | https://citycouncil.columbiasc.gov/2019-ordinances-and-resolutions/ | https://citycouncil.columbiasc.gov/wp-content/uploads/2021/01/Resolution_2019_032_Adopt_Policy_to_Prohibit_Inquiry_Into_Conviction_History_or_Wages_History.pdf
Richland County Ordinance (county employment)
Ordinance overview:
- Bans salary-history inquiries for county jobs.
- County won't rely on disclosed history.
- Voluntary disclosure may raise offer.
- Private employers not covered by ordinance.
Sources: https://www.richlandcountysc.gov/Government/Ordinances
Equal Pay Act / FLSA (Federal)
Federal baseline:
- Equal Pay Act requires equal compensation.
- NLRA protects wage discussion and retaliation.
- FLSA governs minimum wage, overtime.
- Federal law applies in South Carolina.
Sources: https://www.govinfo.gov/content/pkg/PLAW-106publ113/html/PLAW-106publ113.htm | https://www.scstatehouse.gov/code/t41c010.php
Salary History Best Practices for South Carolina Employers
- Know there's no statewide salary-history ban in South Carolina.
- Check local ordinances—Columbia and Richland County have restrictions.
- Assume Columbia ordinance may restrict application salary questions.
- Exclude salary history for City/County government hiring processes.
- Use voluntarily disclosed salary only to increase offers nondiscriminatorily.
Consumer Credit Checks
Allowed with RestrictionsNo South Carolina statute prohibits employment credit checks; federal FCRA governs. H.3234 (pending) would bar using credit scores for personnel actions and prescribes fines $10–$50 or 10–30 days’ imprisonment. Bill: https://www.scstatehouse.gov/sess126_2025-2026/bills/3234.htm Verification: https://usabackground.com/fcra-employment-screening/background-screening-laws/south-carolina/
Key Requirements
H.3234 (S.C. proposed bill):
Pending state bill proposing employee credit restrictions:
- Pending state bill prohibiting score-based actions
- Defines "credit score" as numerical measure
- Prohibits score-based hiring, firing, promotion
- Applies to all South Carolina employers
- Misdemeanor: $10–$50 fine; 10–30 days
Source: https://www.scstatehouse.gov/sess126_2025-2026/bills/3234.htm
Fair Credit Reporting Act (FCRA):
Federal requirements for employment credit reports:
- Federal FCRA currently governs credit checks
- Requires written notice and consent
- Mandates FCRA adverse-action process
- Enforced by FTC and CFPB
Source: https://usabackground.com/fcra-employment-screening/background-screening-laws/south-carolina/
City of Columbia Ordinance 2019-022:
Local "ban-the-box" limits criminal-history inquiries:
- Ban-the-box for City employers
- Effective August 6, 2019
- Applies to city contractors and vendors
- Does not cover private employers
Credit Check Best Practices for South Carolina Employers
- Obtain written consent per federal FCRA before credit checks
- Use FCRA-compliant consumer reporting agencies only
- Follow FCRA pre- and final adverse-action procedures
- Monitor H.3234 status; update policies if enacted
- Document credit-check policies, decisions, and job-related necessity
Marijuana Protection
Medicinal Marijuana
State law permits limited medical cannabis under S.C. Code §44‑53‑2010 et seq. for qualifying patients, but expressly allows private employers to enforce drug‑free workplace policies and take adverse action for positive cannabis tests.
Recreational Marijuana
Recreational marijuana remains illegal in South Carolina; no employer protections for off‑duty recreational use exist, and employers may test for and discipline employees for recreational cannabis use or positive test results.
Drug Testing Regulations
As of January 2026, South Carolina permits but does not require workplace drug testing. Employers should follow S.C. Code §41‑1‑15 and §38‑73‑500 for drug‑free workplace programs; federal contractors must follow S.C. Code Title 44, Chapter 107. Consult counsel.
Permitted Testing Types
Pre-Employment
Allowed; permitted, subject to statutory procedural conditions.
Random Testing
Allowed for safety‑sensitive roles; worker‑wide if program qualifies.
Reasonable Suspicion
Allowed when employer documents observed impairment or corroborated information.
Post Accident
Allowed for serious injuries, fatalities, or hazardous‑release incidents.
Workers' Compensation Discount
Compliant drug-free workplace programs qualify for at least a five percent workers' compensation premium credit under S.C. Code §38-73-500(B).
Qualification requires a written substance-abuse policy, employee notice, awareness training, and workplace-wide random testing per program rules.
Best Practices
- Maintain written policy; provide employees thirty days' notice.
- Use certified laboratories; confirm positives via GC/MS.
- Preserve confidentiality; disclose results only to authorized personnel.
- Document reasonable suspicion; follow statutory testing timeframes.
- Offer assessment/rehabilitation before adverse action for first positive.
Clean Slate Laws
StatewideNo statewide ban‑the‑box (H.B.3272 pending: https://www.scstatehouse.gov/sess126_2025-2026/bills/3272.htm); expungement is petition‑based under SC Code §§17‑22‑910/22‑5‑910/22‑5‑920 (https://www.scstatehouse.gov/code/t17c022.php); SLED retains nonpublic records; employers may not use expunged convictions.
Eligible Offenses
Can Be Expunged
- Certain minor misdemeanors
- Some first-offense drug possession
- Dismissed or acquitted charges
- Certain youthful offender convictions
Not Eligible
- Violent crimes (Section 16-1-60)
- Sex offender registration offenses
- DUI convictions
- Most traffic convictions
- Fish and wildlife convictions
Legal Effect of Expungement
Based on my research, I can confirm the critical errors identified in the corroboration notes. The Ban the Box Act (H.B. 3272) has NOT been signed into law - it remains a pending bill "currently residing in the House" in the Labor, Commerce and Industry Committee as of February 2025.
The accurate information relates to South Carolina's expungement statutes (Sections 17-22-910, 17-22-960, 22-5-910), which are established law. Here is the summary based only on verified, enacted law:
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Expunged records are sealed from public access, and SLED maintains only a nonpublic record for law enforcement purposes.
Employer Impact:
- Employers generally cannot use expunged records adversely against employees
- Employers may be immune from negligent hiring claims for expunged offenses
- Expunged records typically do not appear on standard background checks
- Criminal justice agencies may retain access to expunged records
E-Verify Requirements
Mandatory for AllWho Must Use E-Verify
Private Employers [South Carolina Illegal Immigration Reform Act; SC Code §41-8-20]
Must enroll in and use E‑Verify for all new hires within three business days; failure risks license probation, suspension, or revocation. https://www.scstatehouse.gov/code/t41c008.php https://www.llr.sc.gov/immigration/everify.aspx
Federal Contractors [Federal E‑Verify (DHS/SSA)]
Subject to applicable federal contractor obligations; South Carolina still requires E‑Verify for private/public employers regardless of federal contractor status. https://www.dhs.gov/e-verify https://www.scstatehouse.gov/code/t41c008.php
Any other relevant groups [SC Code §8-14-20 — Public employers & contractor rules]
Public employers and contractors/subcontractors performing covered service contracts must register and use E‑Verify; contractors must ensure subcontractor compliance. https://www.scstatehouse.gov/code/t08c014.php https://procurement.sc.gov/immigration
Background Check Regulations
Employers must follow federal laws (FCRA, Title VII, ADA) when using consumer or criminal background checks; South Carolina generally follows federal rules but maintains state procedures and local ordinances may add further requirements or limits.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days