A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-22-960, RELATING TO EMPLOYER IMMUNITY FOR EMPLOYEES WITH EXPUNGED CRIMINAL RECORDS, SO AS TO PROVIDE EMPLOYERS AND EDUCATIONAL INSTITUTIONS MAY NOT REQUIRE APPLICANTS FOR EMPLOYMENT OR ADMISSION TO DISCLOSE ARRESTS, CRIMINAL CHARGES, OR CRIMINAL CONVICTIONS THAT HAVE BEEN EXPUNGED, TO PROVIDE SUCH APPLICANTS ARE NOT REQUIRED TO ANSWER CERTAIN RELATED QUESTIONS, TO EXEMPT APPLICANTS FOR EMPLOYMENT IN CAMPUS SECURITY DEPARTMENTS, TO PROVIDE CIVIL ENFORCEMENT MECHANISMS, AND TO PROVIDE THIS ACT DOES NOT CREATE A PRIVATE CAUSE OF ACTION.
Impact
The provisions of HB 5329 would significantly alter how employers and educational institutions conduct their applicant screening processes. By prohibiting inquiries related to expunged criminal records, the bill is designed to reduce barriers for individuals seeking employment or admission in educational institutions, thereby fostering a more inclusive opportunity landscape in South Carolina. In addition, the bill sets forth penalties for violations which could further deter discriminatory practices against such applicants, although it also allows for exceptions in the context of campus security employment.
Summary
House Bill 5329 aims to amend Section 17-22-960 of the South Carolina Code of Laws to enhance protections for individuals who have had criminal records expunged. The bill stipulates that employers and educational institutions cannot require applicants to disclose any expunged arrests, criminal charges, or convictions. This measure seeks to promote the reintegration of individuals with expunged records into the workforce and educational settings by limiting the negative impact of past offenses on potential employment or educational opportunities.
Contention
Despite its intentions, HB 5329 may face opposition from some sectors concerned about security and liability. Critics may argue that by limiting disclosure of expunged records, the bill could unintentionally open avenues for employing individuals who pose security threats, particularly in sensitive positions. Moreover, the bill's exemptions for campus security departments could raise questions about the balance between ensuring safety and protecting individual rights. Ultimately, the enactment of this bill emphasizes the state's focus on rehabilitating offenders and reducing stigma associated with past convictions.
A bill for an act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions.