The "Trump Criminal Background Records Check Ban Act" aims to amend the South Carolina Code of Laws by adding Section 41-1-35, which promotes the rehabilitation of criminal offenders and their reintegration into society. The bill stipulates that individuals cannot be disqualified from public employment or from obtaining a required license solely due to a prior conviction, unless the conviction directly relates to the job or occupation in question. It also establishes definitions for terms such as "conviction of crime," "public employment," and "license," and outlines the conditions under which an employer may inquire about an applicant's criminal history.

Additionally, the bill prohibits employers from considering an applicant's criminal record until after an interview or a conditional job offer has been made. It specifies that certain criminal records, such as arrests without convictions, expunged convictions, and misdemeanors without jail sentences, cannot be used in employment or licensing decisions. If an individual is denied employment or a license due to their criminal history, the hiring authority must provide written notification detailing the reasons for the denial and the process for reapplication. The act will take effect upon the Governor's approval.

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