south carolina icon

South Carolina State Employment Laws

The state of South Carolina does not have any restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.


The following items cannot be reported by a Credit Reporting Agency (CRA) on a consumer report or background check EXCEPT if, for employment, these restrictions do not apply to where the annual salary of the applicant for employment may be expected to meet or exceed $75,000 per year. This exception is often noted in the State Rules Register as the “salary cap” exception.

  • Civil suits, civil judgments and records of arrest that from the date of entry precede the report by
    more than 7 years or until the governing statute of limitations have expired, whichever is longer.
    Note: Prior to 1998 this provision also restricted the reporting of criminal convictions, however that restriction was eliminated in 1998 – retroactive to 1996, and the FCRA currently allows convictions to be reported without limitation.
  • Bankruptcies can be reported for only 10 years
  • Tax liens can be reported for only 7 years
  • Accounts placed for collection can be reported for only 7 years
  • Other adverse information can be reported for only 7 years.
    Note: General or neutral information such as prior employment or college degrees are not “adverse information” even if the report discloses that the consumer has lied about their education, prior employment, etc. FTC Letter Nadell, (December 10, 1998).

Additional Resources

drug screening infographic
piggy bank icon
check mark icon
criminal records infographic

Drug Screening Pros & Cons

The most common types of drug screening tests with pros and cons, why and how to use them

How much does employee drug abuse cost your organization?

Use our Drug Testing ROI Calculator to find out

2019 Compliance Guide eBook

Is your background screening program compliant with new legislation?

Types of Criminal Records

What information will show up on criminal records searches?

Subscribe to the AccuSource Blog


Ready to get started?

Let us help you build a custom criminal background screening program

Certified WBENC
NAPBS Accredited
ASA Logo
Certified WBENC
NAPBS Accredited
ASA Logo