H 5329

South Carolina General Assembly
126th Session, 2025-2026
Bill 5329
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 17-22-960, RELATING TO EMPLOYER IMMUNITY FOR EMPLOYEES WITH EXPUNGED
CRIMINAL RECORDS, SO AS TO PROVIDE EMPLOYERS AND EDUCATIONAL INSTITUTIONS MAY
NOT REQUIRE APPLICANTS FOR EMPLOYMENT OR ADMISSION TO DISCLOSE ARRESTS,
CRIMINAL CHARGES, OR CRIMINAL CONVICTIONS THAT HAVE BEEN EXPUNGED, TO PROVIDE
SUCH APPLICANTS ARE NOT REQUIRED TO ANSWER CERTAIN RELATED QUESTIONS, TO EXEMPT
APPLICANTS FOR EMPLOYMENT IN CAMPUS SECURITY DEPARTMENTS, TO PROVIDE CIVIL
ENFORCEMENT MECHANISMS, AND TO PROVIDE THIS ACT DOES NOT CREATE A PRIVATE CAUSE
OF ACTION.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 17-22-960 of the S.C. Code is amended to read:
    Section
17-22-960. (A) Any employer that employs a worker who has had an
expungement shall not, at any time, be subject to any administrative or legal
claim or cause of action related to the worker's expunged offense. Except for
criminal justice agencies, employers shall not use expunged information
adversely against an employee. No information related to an expungement shall
be used or introduced as evidence in any administrative or legal proceeding
involving negligent hiring, negligent retention, or similar claims.
    (B)(1) An employer or educational
institution may not, in any application, interview, or otherwise, require an
applicant for employment or admission to disclose information concerning any
arrest, criminal charge, or criminal conviction of the applicant that has been
expunged and may not knowingly and willingly inquire about any arrest, charge,
or conviction that they know to have been expunged. An applicant need not, in
answer to any question concerning any arrest or criminal charge that has not
resulted in a conviction, include a reference to or information concerning
arrests, charges, or convictions that have been expunged. This item does not
apply to educational institution campus security departments to obtain
confidential information for employment purposes.
       (2) Upon investigation by the
Department of Labor, Licensing and Regulation, any employer or educational
institution found to be in violation of this item (1) shall be issued a written
warning for a first violation and shall be subject to a civil penalty of up to
five hundred dollars for each additional violation occurring after receipt of
the written warning. In determining the amount of any penalty ordered under
authority of this subsection, the department shall give due consideration to
the appropriateness of the penalty with respect to the size of the institution
being charged, the gravity of the violation, the good faith of the person, and
the record of previous violations. The determination of the amount of the
penalty by the department is final, unless within fifteen days after receipt of
notice thereof by certified mail with return receipt, by signature confirmation
as provided by the U.S. Postal Service, by a designated delivery service
authorized pursuant to 26 U.S.C. section 7502(f)(2) with delivery receipt, or
via hand delivery, the person charged with the violation takes exception to the
determination in which event the final determination of the penalty shall be
made in an administrative proceeding and in a judicial proceeding pursuant to
the South Carolina Administrative Procedures Act. The department may adopt,
modify, or revoke such rules as are necessary for carrying out the provisions
of this subsection.
       (3) Nothing in this subsection shall
be construed to create a private cause of action against any employers, educational
institutions, or their agents or employees.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on March 05, 2026 at 12:06 PM