South Carolina Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current South Carolina Code of Laws and pending 2025-2026 legislative proposals.

Table of Contents

• Overview of South Carolina Background Check Laws
• Who Conducts Background Checks in South Carolina
• Employment Background Checks
• Ban the Box in South Carolina
• FCRA and Lookback Periods
• Expungement and Sealed Records
• Housing and Tenant Screening
• Professional Licensing Background Checks
• Recent and Pending Legislation
• Penalties for Violations
• Frequently Asked Questions
• Sources and References

Overview of South Carolina Background Check Laws

South Carolina takes a relatively hands-off approach to regulating background checks compared to many other states. The state does not have a comprehensive statewide law governing how private employers, landlords, or other entities use criminal history information in their decision-making. Instead, South Carolina relies primarily on the federal Fair Credit Reporting Act (FCRA) and a patchwork of statutes addressing specific situations.

The South Carolina Law Enforcement Division (SLED) serves as the central repository for all criminal records in the state. SLED maintains the Citizens Access to Criminal Histories (CATCH) system, which allows individuals, employers, and organizations to request criminal background checks.

While South Carolina does not impose heavy restrictions on background screening, there are important rules that employers, landlords, and licensing agencies must follow. These include federal FCRA requirements, state expungement protections, and emerging local ordinances like Columbia's ban-the-box law.

Who Conducts Background Checks in South Carolina

Several entities handle background checks in South Carolina, depending on the purpose and scope of the search.

SLED CATCH System

The primary state-level resource is the SLED CATCH system. This is a name-based search that checks South Carolina criminal records only. Key details include:

• Cost: $25 per search (non-refundable), plus a $1 convenience fee for online requests
• Method: Requires a match on the subject's last name, first name, and date of birth
• Reduced fees: Qualifying charitable organizations pay $8 per search
• No charge: Criminal records checks for prospective teachers and substitute teachers are free for local school districts

SLED CATCH searches are name-based, which means they are less reliable than fingerprint-based checks. A name-based search may miss records filed under a different name or may return records belonging to a different person with a similar name.

Fingerprint-Based Checks

SLED also conducts fingerprint-based criminal background checks when required by statute. These are the most reliable method and carry the lowest risk of false positive or false negative results. Fingerprint checks are required for certain professions, including teachers, healthcare workers, and real estate agents.

Third-Party Consumer Reporting Agencies

Many employers and landlords use private consumer reporting agencies (CRAs) to conduct background checks. These agencies must comply with the federal FCRA, which imposes requirements for accuracy, disclosure, and dispute resolution.

Mail-In Requests

SLED accepts mail-in criminal record check requests. You must complete the Criminal Record Check Form and include payment by business check, certified check, cashier's check, or money order. Personal checks and cash are not accepted. Mail requests go to SLED Records Department, PO Box 21398, Columbia, SC 29221.

Employment Background Checks

South Carolina does not have a single comprehensive statute governing employment background checks for private employers. However, several state and federal laws shape what employers can and cannot do.

FCRA Requirements for Employers

All South Carolina employers who use a third-party consumer reporting agency to conduct background checks must comply with the FCRA. This includes:

• Written disclosure: Providing a clear, standalone written notice to the applicant that a background check may be conducted
• Written consent: Obtaining the applicant's signed authorization before running the check
• Pre-adverse action notice: If the employer intends to deny employment based on the report, they must provide the applicant with a copy of the report and a summary of rights under the FCRA before taking final action
• Adverse action notice: After making a final adverse decision, the employer must notify the applicant in writing, identify the CRA that provided the report, and inform the applicant of their right to dispute the information

Negligent Hiring Liability

South Carolina recognizes negligent hiring claims. An employer may be held liable if they hire someone who later causes harm, and the employer knew or should have known about the person's dangerous propensities. This creates a practical incentive for employers to conduct background checks, even though the state does not mandate them for most private-sector positions.

Under South Carolina case law, an employer can be liable for negligent hiring, supervision, or retention if the employee intentionally harms another person while on the employer's premises or using the employer's property, and the employer knew or should have known of the need to exercise control.

Protections for Applicants with Criminal Records

South Carolina has enacted several statutes that protect job applicants with criminal histories:

• Expunged records: Employers may not consider expunged records in hiring decisions. An expunged offense is treated as if it never occurred under South Carolina law.
• Rehabilitation policy: South Carolina Code Section 41-1-25 states that it is the policy of the state to encourage rehabilitation of individuals with criminal records and assist them in resuming the responsibilities of citizenship.
• Direct relationship standard: Under pending legislation (modeled on existing proposals), a prior conviction alone may not disqualify a person from employment unless the conviction directly relates to the position sought.

Ban the Box in South Carolina

South Carolina does not have a statewide Ban the Box law that applies to private employers. However, there are important developments at both the state and local levels.

State-Level Status

As of March 2026, South Carolina has no enacted statewide Ban the Box legislation for private employers. Several bills have been introduced in the 2025-2026 legislative session, including:

• Bill 3272 (Ban the Box Act): Would prohibit public and private employers from inquiring into criminal history until after an applicant is selected for an interview or receives a conditional job offer
• Bill 3775 (Ban the Box Act): A companion bill with similar provisions
• Bill 3224: Would prohibit questions about criminal convictions on employment applications unless the crime directly relates to the position

These bills remain pending and have not been enacted as of this writing. South Carolina employers should monitor the legislature for updates.

Columbia Ban the Box Ordinance

The City of Columbia enacted Ordinance 2019-022, effective August 6, 2019. However, the Columbia City Attorney clarified that the ordinance applies only to the City of Columbia as an employer, not to private employers. Key provisions include:

• No criminal history questions on job applications: Job applications may not inquire into an applicant's conviction history
• Background checks delayed: Conviction history checks are prohibited until after the applicant receives a written conditional offer
• Good faith determination required: The employer must determine in good faith that the position warrants a background check
• Excluded records: Employers cannot consider arrests not followed by valid conviction, misdemeanor convictions where no jail sentence can be imposed, or sealed, dismissed, or expunged convictions
• Individualized assessment required: Employers must assess the relationship between any conviction and the position before disqualifying a candidate
• 10-day response period: Applicants receive 10 business days to dispute findings or provide evidence of rehabilitation before final adverse action
• Record retention: Employers must retain application materials and communications for at least three years
• Wage history ban: The ordinance also prohibits inquiries into applicants' wage histories

While the ordinance currently applies only to City of Columbia positions, it signals the direction of potential future regulation in South Carolina.

FCRA and Lookback Periods

South Carolina does not impose its own lookback period for criminal background checks. Instead, the state follows the federal FCRA rules.

The Seven-Year Rule

Under the FCRA, consumer reporting agencies generally may not report the following information if it is more than seven years old:

• Arrests that did not result in conviction
• Civil judgments
• Tax liens
• Civil lawsuits
• Collection accounts

Exceptions to the Seven-Year Rule

Criminal convictions: There is no time limit on reporting criminal convictions under the FCRA. In South Carolina, criminal convictions can appear on a background check indefinitely, unless the conviction has been expunged.

High-salary positions: The FCRA seven-year restriction does not apply when the applicant is being considered for a position with an annual salary of $75,000 or more. For these positions, all reportable information may appear regardless of age.

Other exceptions: Employment history, educational credentials, and professional licenses are not subject to the seven-year lookback.

State-Specific Protections

While South Carolina does not add its own lookback restrictions beyond the FCRA, the state's expungement laws provide a separate layer of protection. Under S.C. Code Ann. Section 17-1-40, expunged records are treated as if they never occurred. They should not be sought, reported, or used in hiring decisions.

Expungement and Sealed Records

South Carolina's expungement laws allow certain criminal records to be destroyed or sealed. Once a record is expunged, it generally cannot appear on a background check or be used against the individual.

Eligibility for Expungement

Under S.C. Code Section 17-22-910, the following offenses may be eligible for expungement:

• First offense misdemeanor fraudulent check convictions
• Conditional discharge cases
• First offense conviction in magistrates or municipal court (after a three-year waiting period under Section 22-5-910)
• Youthful offender convictions
• First offense simple possession or possession with intent to distribute drug convictions
• Charges dismissed or resulting in acquittal
• Charges not prosecuted (nolle prosequi)

Restrictions

• A person may only have records expunged under Section 17-22-910 once
• Traffic convictions generally cannot be expunged
• Convictions classified as violent crimes are not eligible
• SLED maintains a nonpublic record of the offense and expungement date, accessible only to authorized law enforcement and court officials

Process and Cost

Expungement applications are processed through the Solicitor's Office in each judicial circuit. The applicant must pay a non-refundable administrative fee of $150 per individual order. The Solicitor or designee and a circuit court judge must both sign the application.

Impact on Background Checks

Once a record is expunged, South Carolina law treats it as if the arrest and conviction never happened. Employers are prohibited from considering expunged records in hiring decisions, and employers who hire individuals with expunged records are generally granted immunity from negligent hiring claims related to those records.

Recent Expungement Legislation

The 2025-2026 legislative session includes several bills expanding expungement eligibility:

• Bill 3730: Proposes broadening expungement availability
• Bill 428: Would allow expungement of multiple fraudulent check convictions within a three-year period after a ten-year waiting period with no additional convictions and full restitution
• Bill 16: Would require automatic expungement of juvenile status offenses once the person turns 18 and completes any dispositional sentences

Housing and Tenant Screening

South Carolina does not have a state law specifically regulating how landlords use criminal background checks in tenant screening. However, both federal law and practical guidelines shape the process.

Consent Requirements

Landlords must obtain written consent from prospective tenants before conducting a background check. This requirement flows from the FCRA, which applies whenever a landlord uses a consumer reporting agency to pull a report.

Types of Screening

Tenant screening in South Carolina typically includes:

• Credit history: Payment patterns, outstanding debts, bankruptcy filings, and tax liens
• Criminal record: State and national criminal history searches
• Eviction history: Past eviction filings and judgments
• Rental history: References from prior landlords

Fair Housing Compliance

Landlords must comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Using criminal history as the sole basis for denying a rental application could lead to a discrimination claim, because criminal records disproportionately affect certain protected groups.

The U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that blanket bans on renting to anyone with a criminal record may violate the Fair Housing Act. However, landlords may consider specific convictions, such as drug manufacturing and distribution or violent offenses, when they are directly relevant to the safety of the property and other tenants.

Adverse Action Requirements

If a landlord denies an application based on information in a background check, they must:

• Provide a written notice explaining the reason for denial
• Identify the consumer reporting agency that supplied the report
• Inform the applicant of their right to dispute the accuracy of the information
• Provide a copy of the report if requested

Professional Licensing Background Checks

Many professional licensing boards in South Carolina require criminal background checks as part of the application process. These checks are typically more extensive than standard employment screenings.

Common Requirements

Most licensing boards require both a state criminal records check through SLED and a national criminal records check through the FBI. These are fingerprint-based checks, which are the most reliable method of identification.

Specific Professions

Teachers and educators: All applicants seeking educator certification must complete a fingerprint-based criminal background review through both SLED and the FBI. School districts receive these checks at no charge for prospective teachers and substitute teachers.

Healthcare workers: Direct caregivers must undergo background checks as required by the South Carolina Department of Public Health. Emergency medical services personnel must also submit to criminal background checks.

Physical therapists: Effective February 2023, all applicants for the SC Board of Physical Therapy Examiners must undergo both SLED and FBI criminal records checks.

Psychologists: Effective June 2024, all psychology license applicants must complete state and national criminal records checks through SLED and the FBI.

Real estate agents: Applicants must submit to a state fingerprint-based check by SLED, a national check by the FBI, and a social security number-based check from an approved source.

Childcare providers: Comprehensive background checks are required, including both state and federal fingerprint-based searches.

Licensing Decisions

Under pending legislation (Bill 3193), no person would be disqualified from pursuing or practicing any occupation requiring a license solely because of a prior conviction, unless the crime directly relates to the occupation. In determining whether a conviction is directly related, the licensing authority would consider the nature and seriousness of the crime, its relationship to the duties of the occupation, and the amount of time elapsed since the crime occurred.

Recent and Pending Legislation

The 2025-2026 South Carolina legislative session includes several bills that could significantly change background check practices in the state.

Ban the Box Expansion

• Bill 3272 and Bill 3775 (Ban the Box Act): Would extend ban-the-box protections to both public and private employers, prohibiting criminal history inquiries until after an interview or conditional job offer. Exemptions would apply to the Department of Corrections, financial institutions, and employers with a statutory duty to conduct background checks.

Criminal Records on Applications

• Bill 3224: Would prohibit job applications from including questions about criminal convictions unless the crime directly relates to the position.

Unadjudicated Arrests

• Bill 5: Would require SLED to exclude unadjudicated arrests from criminal history background check records that may be released to third parties.

Licensing Reform

• Bill 3193 (Trump Criminal Background Records Check Ban Act): Would prohibit disqualification from public employment or licensed occupations solely based on a prior conviction, unless the crime directly relates to the position or occupation sought.

Expungement Expansion

• Bill 3730: Would expand expungement eligibility
• Bill 136: Would allow expungement of one conviction for unlawful handgun possession if the conviction occurred before the Constitutional Carry/Second Amendment Preservation Act of 2024

None of these bills have been enacted as of March 2026. Employers, landlords, and licensing agencies should monitor the legislature for updates.

Penalties for Violations

Violations of background check laws in South Carolina can result in several types of consequences.

FCRA Violations

Employers or consumer reporting agencies that violate the FCRA may face:

• Statutory damages: $100 to $1,000 per violation in individual lawsuits
• Actual damages: Compensation for provable harm
• Punitive damages: For willful violations
• Attorney fees and court costs
• FTC enforcement actions: The Federal Trade Commission can pursue civil penalties

State Law Violations

Employers who improperly use expunged records in hiring decisions violate South Carolina law. While specific statutory penalties for this violation are not enumerated in a single statute, affected individuals may pursue civil remedies.

Columbia Ordinance Violations

Employers covered by Columbia's Ordinance 2019-022 who violate the ban-the-box provisions may face enforcement action by the city. The ordinance requires a three-year record retention period for all application materials and communications.

Frequently Asked Questions

Does South Carolina have a Ban the Box law?

South Carolina does not have a statewide Ban the Box law for private employers. The City of Columbia enacted Ordinance 2019-022 in 2019, but the City Attorney confirmed it applies only to the City as an employer, not to private businesses. Several bills in the 2025-2026 legislative session (Bill 3272, Bill 3775) would extend Ban the Box protections to private employers, but they have not been enacted.

How far back does a background check go in South Carolina?

South Carolina follows the federal FCRA rules. Criminal convictions can be reported indefinitely. Non-conviction records, such as arrests that did not lead to a conviction, are limited to seven years. However, the seven-year limit does not apply to positions paying $75,000 or more per year. Expunged records should not appear on any background check.

Can I get my criminal record expunged in South Carolina?

Yes, certain offenses are eligible for expungement under S.C. Code Section 17-22-910. Eligible offenses include first offense misdemeanor convictions in magistrates or municipal court (after a three-year waiting period), conditional discharge cases, youthful offender convictions, and first offense drug possession convictions. The process requires an application through the Solicitor's Office and a $150 non-refundable administrative fee. A person may only use this expungement provision once.

Can a landlord in South Carolina deny a tenant based on criminal history?

South Carolina does not prohibit landlords from considering criminal history in tenant screening. However, landlords must comply with the federal Fair Housing Act and cannot use criminal history as a blanket disqualifier, as this could disproportionately affect protected classes. Landlords should conduct individualized assessments and may consider the nature of the offense, its relevance to tenancy, and the time elapsed since the conviction. Written consent is required before running any background check.

How much does a SLED background check cost?

A criminal records check through the SLED CATCH system costs $25, plus a $1 convenience fee for online requests. Qualifying charitable organizations pay a reduced fee of $8. Criminal records checks for prospective teachers and substitute teachers are provided at no charge to local school districts. Payment for mail-in requests must be by business check, certified check, cashier's check, or money order.

Sources and References

• South Carolina Law Enforcement Division (SLED)
• SLED CATCH System
• S.C. Code Title 17, Chapter 22 (Expungement)
• S.C. Code Title 17, Chapter 1
• S.C. Code Title 41 (Labor and Employment)
• 2025-2026 Bill 3272 (Ban the Box Act)
• 2025-2026 Bill 3775 (Ban the Box Act)
• 2025-2026 Bill 3224 (Criminal Convictions on Applications)
• 2025-2026 Bill 5 (Criminal History Background Check)
• 2025-2026 Bill 3193 (Licensing Reform)
• SC Judicial Branch Expungement Process
• SC Department of Education Fingerprinting
• SC Department of Public Health Background Checks
• Federal Trade Commission FCRA
• HUD Fair Housing Act
• Governor's Office Pardons and Expungements