House Bill 3306 ('HB 3306') on Criminal convictions on employment applications was introduced, on 10 January 2023, to the South Carolina Legislature, and thereafter referred, on the same date, to the House Committee on Judiciary. In particular, HB 3306 provides that no person may be disqualified from public employment, or from pursuing, practicing, or engaging in any occupation for which a license is required solely or in part because of a prior conviction of a crime, unless the crime for which they were convicted directly relates to the position of employment or license sought. In addition, HB 3306 outlines that employment or licenses must not be denied where the applicant can show sufficient rehabilitation and present fitness to perform the duties of the public employment sought or the occupation for which the license is sought. Accordingly, HB 3306 details competent evidence, including:

• a copy of local, state, or federal release order;
• evidence showing one year since the release from local, state, or federal correctional institutions without subsequent conviction of crime;
• the age of the person at the time the crime was committed;
• the length of time elapsed since the crime was committed; and
• the nature and seriousness of the crime for which they were convicted.

Further, HB 3306 provides that where a hiring or licensing authority denies an individual employment or license, they must notify the individual in writing of the following information:

• the grounds and reasons for the denial or disqualification;
• the applicable complaint and grievance procedure as set forth in HB 3306;
• the earliest date the person may reapply for a position of public employment or a license; and
• that all competent evidence of rehabilitation presented will be considered upon reapplication.

You can read HB 3306 and track its progress here.