South Carolina H 5329: Stephanie Williams

Bill Text

2025-2026 Bill 5329 Text of Previous Version (Mar. 05, 2026) - South Carolina Legislature Online 

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