BLOG

Legislators in South Carolina are considering three Ban the Box bills that are intended to give residents second chances.

Proposed Ban The Box Bills

There are currently three Ban The Box bills that are being reviewed by South Carolina legislators. They are:

• H3775, also known as the Ban The Box Act Of 2025.
• H3272, also known as a Ban The Box Act.
• H3224, an amendment to the Code of South Carolina.

While there are some differences, the bills include many of the same basic concepts.

Banning The Box

The bills would prohibit employers from asking applicants about their criminal histories on job applications. It used to be common practice for organizations to have text on their applications which asked the candidate to check a box if they had any type of criminal record. When that box was checked, some hiring managers immediately disqualified the individual, regardless of whether the record was relevant to the position being sought.

Timing For Criminal Inquiries

The bills would specify employers may only inquire about an applicant’s criminal history after they scheduled the person for an interview or extended a conditional job offer. This would not apply to individuals who are: “seeking employment with the Department of Corrections, a financial institution, or to employers who have a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employee's criminal history during the hiring process.”

Assessing Criminal Records

After running background checks, employers would be required to assess any criminal records that are reported to determine whether they warrant an adverse action. This would involve considering:

• The nature and seriousness of the offense.
• Whether the offense is relevant to the position being sought.
• The relationship of the crime to the ability, capacity, and fitness required to perform the duties of the position.
• The applicant would also have the right to provide proof of rehabilitation.

The Goal Of These Bills

Each of the proposed bills includes the following statement: “It is the policy of the State of South Carolina to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the resumption of the responsibilities of citizenship. The opportunity to secure employment or to pursue, practice, or engage in a meaningful and profitable trade, occupation, vocation, profession, or business is essential to rehabilitation and the resumption of the responsibilities of citizenship.”

South Carolina Legislators are attempting to help create second chances for residents who have various types of lower-level criminal records. The primary goals are to help people gain employment and avoid recidivism, while giving employers a wider pool of potentially qualified job seekers.

What Employers Should Know

Employers in South Carolina should be aware that legislators are considering three Second Chance bills. If one should be signed into law, then they would need to be compliant with all the new regulations regarding hiring and background screening.

Nothing in any of those bills revoke a hiring manager’s right to run comprehensive background checks . These reports help organizations make informed decisions, maintain safe workplaces and complete their due diligence process.

If Your Organization Is Hiring

Backgrounds Online is a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). Our experienced team can help you customize background check packages that meet your specific needs, comply with relevant laws and adhere to industry standards.

If your organization is bringing on employees, contractors or volunteers, please contact us. We are available to assist you Monday through Friday from 5am to 6pm PT.