South Carolina's New Expungement Law Could Increase Applicant Pool

In an effort to increase the state's potential workforce, the South Carolina General Assembly passed legislation last week that will expand the state's current expungement law and allow individuals to more easily remove criminal convictions from their records. The hope is that prospective employees with low-level crimes on their records will no longer be discouraged from applying for jobs; this, then, should make it easier for employers to recruit qualified workers. What do South Carolina employers need to know about this new law?

New Law Goes One Step Beyond Ban-The-Box

Around the country, many states and localities have recently passed "ban-the-box" laws which generally prohibit employers from asking applicants about their criminal record on job applications. Employers covered by these laws are usually allowed to ask about criminal records only after an applicant is selected for an interview or given a conditional offer of employment. Proponents say these laws give offenders an improved chance to reenter the workforce, as employers are forced to first consider an applicant's qualifications and skills before being swayed by the stigma of a criminal record.

While South Carolina does not have a ban-the-box law, the state legislature has instead taken it one step further: the new law will make it easier for persons to erase certain convictions from their records. Current law permits persons to expunge a first-offense, low-level crime carrying a sentence of 30 days or less from their record following a period of good behavior. The new law removes the "first-offense" requirement and also allows persons to erase multiple convictions arising out of the same sentencing hearing if they are "closely connected." Significantly, the law also allows offenders to expunge first-offense simple drug possession and possession of drugs with intent to distribute crimes. The law applies retroactively to those offenses committed prior to the law's passage.

The bill was backed by several prominent business groups, including many local chambers of commerce. Those groups said the legislation was necessary to expand the potential workforce in the state by removing employment barriers for thousands of offenders. "South Carolina must grow its workforce if our state is to experience continued economic growth and...