The "Ban the Box Act" aims to amend the South Carolina Code of Laws by prohibiting job applications from including questions about criminal convictions unless such convictions are directly related to the employment or licensure sought. The bill establishes a policy to support the rehabilitation of criminal offenders and outlines definitions for terms such as "conviction of crime," "public employment," and "hiring or licensing authority." It specifies that employers cannot inquire about an applicant's criminal history until after an interview or a conditional job offer, with certain exceptions for specific job sectors like the Department of Corrections and financial institutions.

Additionally, the bill stipulates that individuals cannot be disqualified from public employment or licensure solely based on prior convictions unless those convictions are directly relevant to the job. It also mandates that hiring authorities provide written notification to applicants if they are denied employment due to their criminal history, detailing the reasons and the process for reapplication. The act includes provisions for penalties against employers who violate these regulations, with varying fines based on the size of the employer. The provisions of this act will take precedence over any conflicting laws regarding employment and licensing decisions based on criminal convictions.

Statutes affected:
12/05/2024: 41-1-23
02/05/2025: 41-1-23
Latest Version: 41-1-23
12/06/2024: 41-1-23