A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "BAN THE BOX ACT" 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.
H3272, the “Ban the Box Act,” would add a new section to the South Carolina Code to limit when employers and licensing authorities may ask about or use criminal history in hiring and licensing decisions. For both public and private employers, the bill generally bars inquiries into an applicant’s criminal record until after an interview or, if no interview is held, until a conditional offer of employment is made. It also restricts public employment and occupational licensing decisions so that a prior conviction cannot be used to disqualify a person unless the conviction directly relates to the job or license sought.
The bill sets out definitions, exceptions, and procedures for evaluating whether a conviction is directly related to a position or occupation. It requires decision-makers to consider the nature and seriousness of the offense, its relationship to the duties involved, and evidence of rehabilitation and present fitness. The bill also prohibits the use of certain records, including arrests not leading to conviction, expunged or annulled convictions, and misdemeanor convictions carrying no jail sentence, and it requires written notice when an applicant is denied based on criminal history.
If enacted, H3272 would create a statewide “ban the box” framework in South Carolina, changing how public agencies, private employers, and licensing boards handle criminal history information. It would add a new statutory policy favoring rehabilitation and employment access for people with criminal records, while also limiting the use of criminal history in public employment and occupational licensing unless the conviction is directly relevant to the position or license. The bill would also establish complaint and enforcement procedures, including Administrative Procedures Act review for public employers and Human Affairs Commission investigation and civil penalties for private employers, with different penalty levels phased in before and after January 1, 2027.
The bill text reflects a strongly supportive policy stance toward rehabilitation, reentry, and workforce participation for people with prior convictions. Because no committee transcripts or recorded votes were provided, there is no direct evidence of debate or formal support/opposition in the available context. The overall framing of the bill suggests a reform-oriented approach intended to reduce barriers to employment and licensing for people with criminal records.
The main points of potential contention are the bill’s limits on employer and licensing discretion, its broad application to both public and private employers, and its enforcement provisions. Employers and licensing authorities may object to being restricted from early-stage criminal history inquiries and to the requirement that they justify denials based on a direct relationship between the conviction and the job or license. Private employers may also be concerned about the Human Affairs Commission’s investigative role and the civil penalties for violations, while some regulated industries are expressly exempted, including the Department of Corrections, financial institutions, the practice of law, and judicial branch employment.