South Carolina has few state laws on employment and tenant background checks beyond the federal FCRA. It has no state consumer reporting agency law for background checks, and no statewide ban-the-box law for public or private employers. In practice, the FCRA's rules do most of the work. Employers must get written permission before ordering a report and give a copy and summary of rights before taking adverse action. Screening companies must use reasonable procedures to report accurate, complete and up-to-date records.
South Carolina allows expungement only for listed offenses and situations under S.C. Code § 17-22-910. These include charges that were dismissed, nolle prossed or ended in acquittal, certain first-offense magistrate-level convictions, first-offense drug possession, youthful offender convictions, and completed pretrial intervention or diversion programs. Under § 17-22-950, a summary court must issue an expungement order at no cost when a fingerprinted defendant is found not guilty or the charges are dismissed, with some exceptions. Other expungements are requested through the solicitor's office, and most carry a $250 administrative fee.
An expungement order restores the person, in the eyes of the law, to the status they held before the arrest. Because expungement is not automatic for many records, older dismissed charges and expunged cases can still appear in private screening databases. Tenant screening in South Carolina is governed mainly by the FCRA. A screening company that reports an expunged case or another person's record may be liable under the FCRA.
Where South Carolina FCRA cases are filed
FCRA claims are federal, so they go to a United States District Court. Cases from South Carolina are heard in one federal district:
- District of South CarolinaCourthouses: Charleston, Columbia, Florence, Greenville, Spartanburg.Filed with local or cooperating counsel
Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:
- Checkr: HQ in N.D. California
- First Advantage and Sterling: HQ in N.D. Georgia
- RealPage: HQ in N.D. Texas
Which court is right depends on your facts. We'll tell you at your free case review.
South Carolina laws that add to the FCRA
- Expungement administered by solicitors (S.C. Code Ann. § 17-22-910)
Lists the offenses and programs eligible for expungement, including dismissed charges, certain first-offense magistrate-level and drug possession convictions, youthful offender convictions, and pretrial intervention. Read it - Summary court expungement of dismissed charges and acquittals (S.C. Code Ann. § 17-22-950)
Requires a summary court to issue an expungement order at no cost when a fingerprinted defendant is found not guilty or the charges are dismissed or nolle prossed, with exceptions. Read it - Expungement fees (S.C. Code Ann. § 17-22-940)
Sets a $250 administrative fee for most expungement orders, plus SLED and clerk fees, with waivers in some cases such as dismissed charges and identity theft. Read it
Common background check errors
- Someone else's criminal or eviction record matched to you by name
- Dismissed, sealed or expunged cases still reported
- Charges reported as convictions, or misdemeanors as felonies
- The same case listed several times
- Eviction filings reported without the dismissal or outcome
Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.
Frequently asked questions
Can South Carolina employers ask about criminal history on an application?
South Carolina has no statewide ban-the-box law, so state law does not stop employers from asking on the application. Employers that use a background check company must still follow the FCRA, including giving you a copy of the report before taking adverse action.
My charges were dismissed in South Carolina. Will they be expunged automatically?
For charges dismissed or ending in acquittal in summary court, § 17-22-950 requires the court to issue an expungement order at no cost, with some exceptions. Charges in general sessions court are expunged through an application to the solicitor's office. If a background check still shows an expunged or dismissed case, you can dispute it with the screening company.
What can I do if a background check in South Carolina has someone else's record?
You can request your file from the screening company and dispute the wrong records, and the company generally must reinvestigate within 30 days. If the error cost you a job or apartment, you may have an FCRA claim in the U.S. District Court for the District of South Carolina.
How long do I have to file an FCRA lawsuit in South Carolina?
FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.
Sources
- U.S. District Court for the District of South Carolina, Court locations
- S.C. Code Title 37, Chapter 20, Consumer Identity Theft Protection (SC Legislature)
- S.C. Code Title 17, Chapter 22, including Article 9 expungement (SC Legislature)
- NELP, Ban the Box: Fair Chance Hiring State and Local Guide
- Federal Trade Commission, Credit freezes and fraud alerts
Updated November 2026. This page is general information, not legal advice.