South Carolina H 3193: Trump Criminal Background Records Check Ban Act

Bill Text

2025-2026 Bill 3193 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3193

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 ENACTING THE 
"TRUMP CRIMINAL BACKGROUND RECORDS CHECK BAN ACT"; AND BY ADDING SECTION 
41-1-35 SO AS TO ENCOURAGE AND CONTRIBUTE TO THE REHABILITATION OF CRIMINAL OFFENDERS 
AND TO ASSIST THEM IN THE RESUMPTION OF THE RESPONSIBILITIES OF CITIZENSHIP BY 
PROVIDING THAT NO PERSON MAY BE DISQUALIFIED FROM PUBLIC EMPLOYMENT, NOR MAY A 
PERSON BE DISQUALIFIED FROM PURSUING, PRACTICING, OR ENGAGING IN ANY OCCUPATION 
FOR WHICH A LICENSE IS REQUIRED SOLELY OR IN PART BECAUSE OF A PRIOR CONVICTION 
OF A CRIME, UNLESS THE CRIME FOR WHICH HE WAS CONVICTED DIRECTLY RELATES TO THE 
POSITION OF EMPLOYMENT SOUGHT OR THE OCCUPATION FOR WHICH THE LICENSE IS 
SOUGHT, AND TO PROVIDE RELATED DEFINITIONS, EXCEPTIONS, POLICIES, AND 
PROCEDURES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Trump Criminal Background Records Check 
Ban Act."

SECTION 2. Chapter 1, Title 41 of the S.C. Code is amended by 
adding:

 Section 
41-1-35. (A) 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.

 (B) For 
the purposes of this section:

 (1) "Conviction 
of crime or crimes" means convictions of felonies, gross misdemeanors, and 
misdemeanors for which a jail sentence may be imposed. No other criminal 
conviction may be considered.

 (2) "Hiring 
or licensing authority" means the person, board, commission, or department of 
this State and its political subdivisions, responsible by law for the hiring of 
people for public employment or the licensing of people for occupations.

 (3) "License" 
means all licenses, permits, certificates, registrations, or other means 
required to engage in an occupation which are granted or issued by this State 
or its political subdivisions before a person can pursue, practice, or engage 
in any occupation.

 (4) "Occupation" 
means all occupations, trades, vocations, professions, businesses, or 
employment of any kind for which a license is required to be issued by this 
State or its political subdivisions.

 (5) "Public 
employment" means all employment with this State and its political 
subdivisions.

 (C)(1) Notwithstanding any other provision 
of law to the contrary, a public or private employer may not inquire into or 
consider or require disclosure of the criminal record or criminal history of an 
applicant for employment until the applicant has been selected for an interview 
by the employer or, if there is not an interview, before a conditional offer of 
employment is made to the applicant.

 (2) This 
section does not apply to people 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.

 (3) This 
section does not prohibit an employer from notifying applicants that law or the 
employer's policy will disqualify an individual with a particular criminal 
history background from employment in particular positions.

 (D)(1) Notwithstanding another provision of 
law to the contrary, no person may be disqualified from public employment, nor 
may a person be disqualified from pursuing, practicing, or engaging in any 
occupation for which a license is required solely or in part because of a prior 
conviction of a crime, unless the crime for which he was convicted directly 
relates to the position of employment sought or the occupation for which the 
license is sought.

 (2) In 
determining if a conviction directly relates to the position of public 
employment sought or the occupation for which the license is sought, the hiring 
or licensing authority shall consider:

 (a) the 
nature and seriousness of the crime for which the individual was convicted;

 (b) the 
relationship of the crime or crimes to the purposes of regulating the position 
of public employment sought or the occupation for which the license is sought; 
and

 (c) the 
relationship of the crime to the ability, capacity, and fitness required to 
perform the duties and discharge the responsibilities of the position of 
employment or occupation.

 (3)(a) A person who has been convicted of 
a crime that directl