All job announcements and position descriptions shall contain the following information if the position requires a background check, unless otherwise required. Only job-related convictions will be considered and will not automatically disqualify the candidate.
Prior to any conviction history check, the employer shall send the applicant a conditional offer letter, notice of rights under this ordinance, and a request for authorization to conduct a background check, if so required. The employer shall not use or access the following criminal records in relation to a background check: records of arrest not followed by a valid conviction, sealed, dismissed, or expunged convictions, misdemeanor convictions where no jail sentence can be imposed, and infractions.
If the employer is considering the conviction history of the applicant, the employer shall consider job-related convictions only.
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If a statute explicitly requires that certain convictions are automatic bars to employment, then those convictions shall be considered as well. Otherwise, no person shall be disqualified from employment, solely or in part because of a prior conviction, unless it is a job-related conviction. In determining if a conviction is job-related, the employer shall consider:.
A job-related conviction shall not be the basis for an adverse action if the applicant can show evidence of mitigation or rehabilitation and present fitness to perform the duties of the position sought. The applicant shall have ten I0 business days, after issuance of the notice, to respond with any information rebutting the basis for the adverse action, including challenging the accuracy of the information and submitting mitigation or rehabilitation evidence.
The employer shall hold the position open until it makes the final employment decision based on an individualized assessment of the information submitted by the applicant and the factors recommended by the U. Equal Employment Opportunity Commission. Evidence of mitigation or rehabilitation may be established by:.
If the employer makes an adverse decision, the applicant shall be informed of the final decision and that he or she may be eligible for other positions. The employer shall retain application forms, records of employment, and other pertinent data and records required under this chapter, including but not limited to, communication with the applicant, for a minimum of three years, and shall allow access to such records to appropriate entities if a dispute shall arise regarding the provisions of this chapter.
Finding work can be a big barrier to success for former inmates. The state also offers pre-trial interventions for some non-violent, first-time offenders as well as alcohol and traffic education programs that, if successfully completed, can help offenders avoid convictions and clear their records of any arrests. The most significant change in the new law, Hudson said, is the expansion of expungement eligibility to first-offense convictions for possession with the intent to distribute.
Supporters of that provision note a person must be crime free for a long time — 20 years — to be eligible for expungement on the possession with the intent to distribute convictions. Allowing multiple convictions that arise out of the same criminal act to be expunged also sets a bad precedent, she said. Former inmates get jobs all the time, she said. Still, he hopes the changes can help others. One reason is logistics, said Republican state House Speaker Pro Tempore Tommy Pope, a York attorney, former prosecutor and the primary sponsor of the recent expansion of the expungement law.
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Proposals sponsored by state House Minority Leader Todd Rutherford, D-Richland, would retroactively make pardon recipients eligible for expungements. The Columbia defense attorney says he wants to sue the state on grounds that it should have been granting expungements to pardon recipients all along. He says the intent of the law was to restore all rights with a pardon. In the meantime, the state could give judges more leeway in granting pardons and expungements conditionally at sentencing.
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For example, a judge could promise an offender that his record will be cleared if he completes his sentence and lives crime free for a set number of years. That approach would cut down on the number of applicants seeking pardons from the state, he said. How can I advance if there is nothing in place to help people to reform? D make the final decision? I have a P. D cocaine and the expungement office; told me that it can be expunged if S.
It all depends on whether you meet the criteria for expungement. Save my name, email, and website in this browser for the next time I comment.
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Previous Next. What is an Expungement in South Carolina? The following charges are eligible for expungement in South Carolina: Any charge that was dismissed or where the defendant was found not guilty is eligible for expungement.
First offense convictions for fraudulent check bad check charges are eligible for expungement. If a simple possession of marijuana charge is resolved by conditional discharge it is eligible for expungement. First offense for failure to stop for a law enforcement vehicle after being signaled to do so may be expunged. Charges resolved by successful completion of pre-trial intervention PTI or the alcohol education program AEP can be expunged. Certain offenses where the defendant was convicted when he or she was less than 25 years old are potentially subject to expungment.
Read Article Getting a Pardon in South Carolina If you aren't eligible for an expungment, then please read our article on getting a pardon in South Carolina. If any information is missing or inaccurate from your record, we will fill in the gaps by pulling information directly from the court s and law enforcement agencies that you were involved with. We Analyze Whether You Are Eligible for an Expungement or a Pardon — After we have a complete record, we analyze all of the information and advise you in detail as to whether you are eligible for an expungement.
If you are eligible for an expungement, we explain to you exactly how we can get your criminal record cleaned up and any additional fees for those services. Contact Us Now! If you need a lawyer for an expungement, we can help. Related Posts.
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