South Carolina Employment Law Update – November 2018

Expungement of Criminal Records and Employer Liability

On June 27, 2018, South Carolina Governor Henry McMaster signed legislation (H.B. 3209) adding law (S.C. Code Ann. § 17-22-960) to the state’s Pretrial Intervention Act. Under the new law, any employer that employs a worker with an expungement must not, at any time, be subject to any administrative or legal claim or cause of action related to the worker’s expunged offense. Additionally, and except for criminal justice agencies, employers must not use expunged information adversely against an employee; nor may information related to an expungement be used or introduced as evidence in any administrative or legal proceeding involving negligent hiring, negligent retention, or similar claims.

The law is effective December 27, 2018.

Read SC H.B. 3209