South Carolina H 3775: Ban the Box Act

Bill Text

2025-2026 Bill 3775 Text of Previous Version (Jan. 16, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3775

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 
"BAN THE BOX ACT of 2025" BY ADDING SECTION 41-1-23 SO AS TO PROVIDE THAT NO 
JOB APPLICATION MAY INCLUDE QUESTIONS RELATED TO CRIMINAL CONVICTIONS UNLESS 
THE CONVICTION DIRECTLY RELATES TO THE EMPLOYMENT OR LICENSURE SOUGHT, TO 
PROVIDE A RELATED POLICY STATEMENT, AND TO PROVIDE NECESSARY DEFINITIONS, 
EXCLUSIONS, AND RELATED REQUIREMENTS.

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

SECTION 1. This act may be cited as the "Ban the Box Act of 2025."

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

 Section 
41-1-23. (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 subsection 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 subsection 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 directly relates to the public employment sought or to the 
occupation for which a license is sought must not be disqualified from the 
employment or occupation if the person can show competent evidence of 
sufficient rehabilitation and present fitness to perform the duties of the 
public employment sought or the occupation for which the license is sought. 
Competent evidence of sufficient rehabilit