South Carolina Background Check
South Carolina employers want to employ the best qualified secure, reliable, and safe employees in order to safeguard their bottom line as well as 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. When you conduct South Carolina background checks, you must comply with all the laws and regulations that govern the process in order that you reduce the chances of being sued.
In order to comply with the laws for conducting a South Carolina background check In order to comply with the laws when conducting a background check in South Carolina, must have a thorough knowledge of the laws which are applicable 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 the cities of Charleston, Columbia, Greenville and many others.
Our vast background screening experience 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 who are 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 also 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 legislations 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 which includes South Carolina.
Congress adopted the FCRA in 1970 in order to ensure the privacy of consumer data that CRAs collect and report. The law imposes restrictions on the types of data that CRAs may collect and report , as well as on the manner in which employers may use the data they gather to decide on hiring.
The consumer reporting organizations are prohibited from publishing information regarding arrests that have not resulted in convictions when they're 7 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 judgements, collection accounts, property lien and bankruptcy filings.
The FCRA provides a salary-cap exemption for its limitations on background checks prior to employment. The restrictions are not applicable 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 are not included in the FCRA which includes the applicant's education level and work histories.
South Carolina employers that plan to conduct background checks prior to hiring will be required to comply with law under the FCRA to provide prospective applicants with written notice. They also need to obtain an agreement in writing from applicants prior to conducting pre-employment screenings.
If an employer is notified of negative information regarding the applicant in an employment background check report, the employer must follow the adverse action process that is required under the FCRA before making a decision on 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 at work against employees and applicants, which is 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. It is the EEOC has issued guidelines for employers, telling that they should review any conviction history individually, and to 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.
In accordance with S.C. 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 it is true and correct.
According to S.C. Code Ann. 17-22-960, employers can not make use of expunged records in the hiring of employees or applicants. Employers also have immunity from lawsuits against negligent hiring that are based on hiring applicants who have expunged records.
Child welfare agencies must abide with the requirements that are in SC Code Ann. SS 64-11-70 regarding pardons. According to this law child welfare organizations can not take into consideration pardons, however they are able to examine the circumstances surrounding the pardoned crime in making decisions about employment. This means they'll need to conduct an investigation.
What does an Background check for South Carolina Consist of?
South Carolina employers that request background checks prior to hiring through The Koleman Group LLC will find different kinds of information in their reports, based upon the type of information they require. Employers are able to tailor their requests to suit their specific hiring requirements.
Employers are required to South Carolina request information about the criminal history of their candidates as well as 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 an employment verification in an 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 as well as the positions that they have been in.
The verification of the employment history that is included on an application will allow you to determine if the applicant is honest in his or her request and has relevant experience that you require for the open job. This kind of report will aid in reducing the chance of a lawsuit arising from a 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 were awarded. Checking your applicants' educational background will help you determine if they're qualified for their jobs.
How Long Does 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. Information that is seven years or more old regarding arrests that didn't result to convictions, judgements 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 are able to be reported regardless of the age of the person 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 who are 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 that South Carolina. Also, it will not contain information on whether an applicant is listed on the registry of sexual offender. It is necessary to conduct a separate lookup of the registry for sex offenders is necessary.
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 in violation of the law.
The most effective method to conduct an employment background check in South Carolina is to use an established, FCRA-compliant and 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 requirements of the law. We also offer a comprehensive selection of other clinical services, such as tests for pre-employment drugs.
What is the Cost of an Background Check Cost to South Carolina?
If you are interested in for a background check through the SLED system through SC Law Enforcement Division, SC Law Enforcement Division, you'll need to pay a fee of $25 for each report. However, the report does not contain any information concerning criminal convictions from other states, or the applicant's educational or the history of employment.
Sites offering no cost South Carolina employment background checks must be avoided. If you are relying on information obtained through this method to make a decision about your employment the information could not be correct or legally acceptable. It could result in risk of liability in the form of an action.
The best option is to use the employment background check provider like The Koleman Group LLC. We completely comply to the FCRA and are priced competitively. 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 a variety of different options at various prices. If you're planning 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 are only able to provide information on convictions in South Carolina only and will not contain data from federal or state courts, other states or background information on employment and education information.
If you try to find the background information by making requests to a variety of federal and state agencies and registries, schools as well as previous employers, it may take several weeks to create an exhaustive image of the history of the candidate.
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 prior to 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. We can help you gather the necessary data you require so you can make sound hiring decisions quickly.
Our experienced employees in the most current methods of employment background check methods. Our employees are aware of how to gather and assess crucial information, and they are always in compliance in accordance with FCRA.
We also believe strongly that it is important to provide providing excellent customer service. We are committed to making your prior to employment background check process as smooth as is possible for candidates and for our customers. Our services are located in the US and this helps us ensure the security and privacy of your personal information.
To find out 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.
Written on 2021-02-02 19:15:49 by larry coleman