The "Trump Criminal Background Records Check Ban Act" aims to amend South Carolina law to promote the rehabilitation of criminal offenders by limiting the circumstances under which prior convictions can disqualify individuals from public employment or licensed occupations. The bill stipulates that no person may be disqualified solely or in part due to a prior conviction unless the crime directly relates to the job or license sought. It also establishes definitions for terms such as "conviction of crime," "public employment," and "license," and outlines the responsibilities of hiring or licensing authorities in evaluating applicants with criminal histories.

Additionally, the bill prohibits employers from inquiring about an applicant's criminal record until after an interview or a conditional job offer has been made, with certain exceptions for specific sectors like corrections and financial institutions. It mandates that certain criminal records, such as arrests not leading to convictions and expunged records, cannot be considered in employment or licensing decisions. If an individual is denied employment or a license due to a prior conviction, the authority must provide written notification detailing the reasons for the denial and the process for reapplication.

Statutes affected:
12/05/2024: 41-1-35
Latest Version: 41-1-35
12/06/2024: 41-1-35