South Carolina Background Check
South Carolina employers want to employ the best qualified, secure, reliable, and safe employees to safeguard their bottom line and the safety of their work environments.
The process of conducting screening for background within South Carolina as a regular part of the hiring process could help in helping your business achieve its recruitment goals. However, when you conduct South Carolina background checks, you must comply with all the laws and regulations that govern the process to reduce the chances of being sued.
In order to comply with the laws for conducting a South Carolina background check To comply with the laws when conducting a background check in South Carolina, must have a thorough knowledge of the laws which apply to pre-employment screenings as well as access to the required resources for obtaining complete background information from reliable sources.
At The Koleman Group LLC, we frequently conduct FCRA-compliant accurate and up-to-date background checks for employees throughout South Carolina for employers located throughout the state, including Charleston, Columbia, Greenville, and many others.
Our vast background screening experience has been the catalyst for us to develop this guideline for employers to use as a reference when they perform South Carolina background checks.
South Carolina Employment Background Check Laws: A Complete Overview
Employers located in South Carolina should understand how the federal, state laws, and local ones affect the information that consumer report agencies have access to and report and how employers can utilize the information. Failure to adhere to the law could result in penalties, fines, or lawsuits.
The most significant laws South Carolina employers should know when working with third-party consumer reporting companies for background checks before hiring are listed below.
Federal Laws on Employment Background Checks
Two landmark legislation at the federal level, which include the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964, covers how background checks are carried out in all states, including South Carolina.
Congress adopted the FCRA in 1970 to ensure consumer data privacy that CRAs collect and report. The law imposes restrictions on the types of data that CRAs may collect and report and how employers may use the data they gather to decide on hiring.
Consumer reporting organizations are prohibited from publishing information regarding arrests that have not resulted in convictions when they're seven or older. The FCRA's regulations also apply to different types of information that are longer than seven years old, for example, civil litigation, civil judgments, collection accounts, property lien, and bankruptcy filings.
The FCRA provides a salary-cap exemption for its limitations on background checks before employment. The restrictions do not apply to positions that pay up to $75,000. The restrictions of the FCRA are also not applicable to criminal convictions that can be reported regardless the age.
Additional important information on the background of applicants is not included in the FCRA, which includes the applicant's education level and work histories.
South Carolina employers that plan to conduct background checks before hiring will be required to comply with the law under the FCRA to provide prospective applicants with written notice. They also need to obtain an agreement in writing from applicants before conducting pre-employment screenings.
Suppose an employer is notified of negative information regarding the applicant in an employment background check report. In that case, the employer must follow the adverse action process required under the FCRA before deciding whether to hire the applicant according to the information that was disclosed.
Title VII of the Civil Rights Act of 1964 is the main anti-discrimination statute that safeguards employees' rights from unlawful discrimination based upon their protected specific characteristics. This law bans discrimination based on illegality against employees and applicants, enforced through the Equal Employment Opportunity Commission (EEOC).
The requirements in Title VII apply to pre-employment background screenings where criminal history information is provided to employers. The EEOC has issued guidelines for employers, telling that they should review any conviction history individually and consider the specific job for which they are hiring prior to making a negative job choice.
South Carolina State Laws on Employment Background Checks
As well as the provisions under the FCRA, CRAs who receive complaints from consumers regarding the information provided in an employee background check report must take another step to confirm the accuracy of the information.
Following SC Code Ann. SS 37-20-170. The CRA must issue a specific notification to the applicant, indicating the reasons for refusal and the evidence needed to prove true and correct.
According to SC Code Ann. 17-22-960, employers can not use expunged records in hiring employees or applicants. Employers also have immunity from lawsuits against negligent hiring based on applicants who have expunged records.
Child welfare agencies must abide by the requirements that are in SC Code Ann. SS 64-11-70 regarding pardons. According to this law, child welfare organizations can not consider pardons; however, they can examine the pardoned crime circumstances in making employment decisions. This means they'll need to conduct an investigation.
What does a Background check for South Carolina Consist of?
South Carolina employers who request background checks before hiring through The Koleman Group LLC will find different information in their reports, based upon the type of information they require. Employers can tailor their requests to suit their specific hiring requirements.
Employers are required to South Carolina to request information about their candidates' criminal history and past employment and education. Below, we've outlined the kinds of information that you could expect to see in these background checks before you apply for employment.
If an employment background check reveals criminal history details, The following kinds of information will show up on your background check report:
- Case number
- Arrest date
- The severity of the charge (felony or misdemeanor)
- Disposition date
If you ask for employment verification in a background check report, you will be able to confirm every employer for who the applicant has been employed. Additionally, you will be able to confirm the date of employment and the positions they have been in.
Verifying the employment history included on an application will allow you to determine if the applicant is honest in their request and has relevant experience that you require for the open job. In addition, this kind of report will aid in reducing the chance of a lawsuit arising from negligent hiring.
An education verification section of the pre-employment background check allows you to examine every educational institution that the applicant has attended, the dates of attendance, and the degree or certificates that were awarded. Checking your applicants' educational background will help you determine if they're qualified for their jobs.
How Long Do Background Checks go within South Carolina?
The time frame for which an employment background check in South Carolina will be able to go back is restricted by the FCRA's seven-year lookback limitations. Therefore, seven years or more old information regarding arrests that didn't result in convictions, judgments, or civil lawsuits, liens collections accounts, and bankruptcies are not reported.
If the jobs you're providing pay rates of more than $75,000, The seven-year time frame for looking back does not apply.
Criminal convictions can be reported regardless of the person's age who committed them. The time limitations also don't apply to other pertinent information, such as past employment, education, and certificates.
How do I get an identity check within South Carolina?
Employers located in South Carolina can send a request to the South Carolina Law Enforcement Division to request criminal history data regarding applicants. But, the information provided does not contain conviction or arrest details in any jurisdiction other than South Carolina. Also, it will not contain information on whether an applicant is listed on the registry of sexual offenders. Therefore, it is necessary to conduct a separate lookup of the registry for sex offenders.
The state's request for information will not provide crucial information about applicants, for example, their work histories and educational background or credentials, among others.
Many employers attempt to search for applicants on the internet or employ insecure providers who promise screenings for background. However, doing this can risk liability as the information they provide can be inaccurate, outdated, and violate the law.
The most effective method to conduct an employment background check in South Carolina is using an established, FCRA-compliant, trustworthy third-party CRA, such as The Koleman Group LLC.
We deliver accurate, thorough and trustworthy, and reliable employment background check reports that fully meet the law requirements. We also offer a comprehensive selection of other clinical services, such as tests for pre-employment drugs.
What is the Cost of a Background Check Cost to South Carolina?
If you are interested in a background check through the SLED system through SC Law Enforcement Division, SC Law Enforcement Division, you'll need to pay $25 for each report. However, the report does not contain any information concerning other states' criminal convictions or the applicant's educational or history of employment.
Sites offering no-cost South Carolina employment background checks must be avoided. If you rely on information obtained through this method to decide on your employment, the information could not be correct or legally acceptable. In addition, it could result in a risk of liability in the form of action.
The best option is to use an employment background check provider like The Koleman Group LLC. We completely comply with the FCRA and are priced competitively. In addition, you can tailor the information you receive in your reports so that you only get relevant background information.
In The Koleman Group LLC, you can select from various options at various prices. If you plan to purchase fifty or more background check reports per year, we can offer substantial discounts on volume orders. Contact us now for no-cost, no-obligation quotes.
What is the length of time the South Carolina Background Check Take?
The time it takes to get the background check report on an applicant will depend on the method you attempt to collect the data.
If you make an online request with the State's Law Enforcement Division, the results will be available promptly. However, the results can only provide information on convictions in South Carolina. They will not contain data from federal or state courts, other states, or background information on employment and education information.
Try to find the background information by making requests to various federal and state agencies and registries, schools, and previous employers. It may take several weeks to create an exhaustive image of the candidate's history.
The ability to save time while receiving complete and accurate information is a great reason to choose The Koleman Group LLC. We have quick turnaround times and will provide all the information you require within several hours.
The Koleman Group LLC is your trusted partner for fast, accurate, and Complete South Carolina Background Checks.
Conducting thorough, complete, accurate, and FCRA compliant background checks before employment for South Carolina is a crucial element of hiring. But doing South Carolina employment background checks correctly requires that you have access to numerous databases that include criminal history such as employment and driving documents, education qualifications, and many more.
When you partner by partnering with The Koleman Group LLC, you'll have the benefit of our vast resources as well as access to the most current and reliable databases. In addition, we can help you gather the necessary data you require to make sound hiring decisions quickly.
Our experienced employees in the most current methods of employment background check methods. Our employees know how to gather and assess crucial information, and they are always in compliance with FCRA.
We also believe strongly that it is important to provide excellent customer service. We are committed to making your before employment background check process as smooth as possible for candidates and our customers. Our services are located in the US, which helps us ensure your information security and privacy.
To learn more about our services and the many kinds of background checks and clinical services we provide, Contact us today to schedule a no-cost consult without obligation.
Disclaimer: The materials provided in this article are meant to be educational only and do not provide legal advice. Talk to your lawyer for legal concerns concerning your specific practice and the legal compliance of your practices.
Updated on 2022-06-07 21:33:49 by larry coleman