An Employer’s Guide to South Carolina Background Checks

Most people know background checks can be used to uncover more severe records and criminal offenses. However, employers may not know that they can also be used to help ensure you are hiring the most qualified applicant for your needs, based on past job experience, certifications, and so on. 

As an employer, you are responsible for managing background checks and should have a thorough understanding of what these screenings entail. In the state of South Carolina, there is a mix of state-level and federal-level rules that must be followed, and it is entirely within your duties to know what these are. 

Background checks are excellent tools that can help you build a workforce to be proud of, but you need to ensure you are staying compliant. To learn more about how to streamline the background check process while adhering to all necessary rules and requirements, we have created an all-inclusive guide.

Throughout the state of South Carolina, many employers take full advantage of implementing background checks when hiring new individuals for their teams. While the overall concept of these background checks is similar to those conducted in other states, there are a few key unique features specific to South Carolina. 

The most notable difference of these background checks is that they are heavily reliant on SLED, or the South Carolina Law Enforcement Division. This centralized authority performs the majority of background checks, whereas other states may look to multiple authorities for reference instead. 

Another unique feature of SLED is that it only provides in-state data and records and relies on name-based searches rather than fingerprint-based searches. For employers seeking to delve deeper into the background of a potential employee, particularly in fields such as healthcare and childcare, more comprehensive background checks are available through the FBI and other nationwide databases. 

The SLED background checks certainly can help employers to quickly sort through a large list of applicants and may help to guide you in the right direction when looking to offer employment to your top candidates. 

When taking a closer look at background checks that are performed by SLED, it is generally assumed that a name-based search will be performed. There are instances in which fingerprinting may be involved or even required, though for traditional background checks, this will not be the case. Here’s what will show up in a comprehensive background check:

• Full Name and Date of Birth: This basic information is crucial and will help you determine if the individual has any other known aliases, as well as verify that all the information they provided on their application is accurate. 
• Home Address: These screenings will also be able to pull the individual's current address, as well as any residency history within a select period of time. South Carolina does not retrieve data from out-of-state sources in these basic searches, so it will likely only display local residency where applicable.
• Arrests and Charges: If there is a record of an arrest or past or current charge, it will be reflected in the finalized reports. Again, these searches are only conducted on a state-wide basis, meaning only arrests and charges that have taken place within the state of South Carolina will be visible on the report. More in-depth checks can be requested that can pull from the national database.
• Education and Employment Verification: For employers, this is a beneficial aspect of many background checks. This information will grant you the chance to verify information that may have been discussed during an interview to ensure the person you were speaking with was being truthful about their education and experience. 

Another feature that makes South Carolina background checks unique is that there is no state-mandated time limit for when they can be pulled. This means that the screening will show an individual's record, no matter how far it dates back.

The length of time it takes to conduct a background check ultimately depends on the type of check and the level of information that was requested. State-level searches are relatively quick to turn around and may only take a few business days. Nationwide checks, on the other hand, can take upwards of a week to render a fully processed report. 

As an employer, you also need to provide your candidate with ample notice that you will require a screening as part of the hiring and interview process. Bake this timeline into your expectation of when you will receive finalized results. 

Each state has its own rules and regulations surrounding background checks. These laws are typically put into place to guide best practices for those conducting the check, as well as to establish protections for individuals undergoing the background check. 

Certain jobs and professions require mandatory checks

While this is the case throughout many states, South Carolina law requires that individuals applying for certain jobs or roles in the community undergo a stricter set of background checks before proceeding further in the application process. These mandatory checks are typically required for professions involving children, the elderly, government work, and public safety. 

The laws put in place for these professions are heavily enforced and should be taken seriously. If you are an employer in these lines of work, it is essential to conduct diligent research on your candidates and gather information through the required background checks. 

There are numerous types of background checks, and in the professions listed above, employers are often able to request a higher level of check to ensure they have a solid understanding of the person they intend to employ. SLED CATCH is a great starting point, but it will only provide a search based on the name and birth date. For licensed professions and other regulated roles, fingerprint checks are typically required.

Agencies must keep all background checks confidential

The results of background checks are not allowed to be distributed to the public and should only be shared with authorized individuals who either conducted the search or requested the information from the search. 

Once the results have been finalized, they are typically stored to ensure that all personal data is secured and that any state privacy and federal confidentiality laws have been followed. 

It is also important to note that the information gathered during a background check can only be used for its intended purpose. As an employer, you cannot take the information you receive from this check elsewhere or use it in any way to discount the individual you requested the check on. Violations of this important law can bring on hefty punishments and should not be taken lightly. 

Out-of-State records must be reviewed for recent residents 

While traditional, SLED-conducted screenings only account for in-state records, it is important to note that new residents in the state are typically required to undergo a more in-depth level of background check. 

These checks will dig a bit deeper and often require the individual to provide any other records they may have from the previous states they lived in. These checks will take longer to conduct, as it can take a screening agency an extended time period to get in contact with other state screening offices. 

Out-of-state checks are excellent resources for employers, as they can provide pertinent information that occurred prior to the candidate moving to South Carolina, which may impact employment decisions.

Some criminal offenses can disqualify applicants from certain jobs

As an employer, you have every right to disqualify an applicant based on a lack of qualifications or other work-related concerns. That being said, background checks can also help shed light on criminal histories, as well as other, more serious offenses that you may wish to know about before hiring someone. 

As mentioned above, certain licensed professions may automatically discount a candidate with specific offenses listed on their records. In South Carolina, serious convictions such as sexual abuse, violence, and severe financial crimes may immediately disqualify a candidate from a position. 

Repeated checks every five years in childcare settings

Childcare professions are some of the most regulated throughout the state and require in-depth screenings before employment. To ensure candidates remain qualified even after their initial employment, the state of South Carolina requires a repeated background check every five years. 

These checks provide an in-depth view into the personal and professional history of a selected employee, helping to ensure that a consistent and high standard is maintained for those working in this field. Similar rules apply to the other licensed professionals listed above and are important to follow to ensure industry standards are upheld. 

Please note that, as the employer, it is your responsibility to track the renewal of these screenings. If you work in one of the aforementioned professions or require repeated checks, it is within your duties as the employer to organize and keep track of these being scheduled in a timely manner. 

Over-screening increases legal risk

Background checks are excellent tools, but there are consequences if they are misused by those requesting them. State and federal laws encourage employers to focus on job relevance when reviewing the results of these screenings and not to let minor concerns hinder the hiring of an otherwise qualified candidate. 

Requesting too many screenings or pushing for information that is irrelevant to the duties of the job you are hiring for can also raise red flags and increase the risk of legal retaliation. Therefore, use these tools for their intended purpose and do not overstep with your requests. 

Conducting background checks on potential employees in South Carolina is an excellent, and often necessary, practice that employers in all industries should take advantage of. Building a talented, hard-working team of individuals begins by finding qualified candidates who are honest, reliable, and committed to delivering a job well done.