SLED Background Checks in South Carolina: What Employers Can and Cannot See

Applying for a job, securing an apartment, or obtaining a professional license in South Carolina inevitably requires passing a background check. In this state, the gold standard for criminal history reporting is the Citizens Access to Criminal Histories (CATCH) system, maintained by the South Carolina Law Enforcement Division (SLED). If you have ever been arrested in places like Myrtle Beach, Spartanburg, or Florence, that record is likely sitting in the SLED database.

For individuals with a criminal past, the anxiety of a background check is overwhelming. What exactly will the employer see? Do dismissed charges show up? Does a misdemeanor from twenty years ago still matter? While SLED maintains a comprehensive list of all state-level arrests, employers are actually restricted by federal laws regarding what they can legally use to deny you a job.

This guide provides a detailed breakdown of how SLED background checks work, the critical differences between government and private employer checks, and the federal rules that protect you from being haunted by ancient, unproven allegations.

Step-by-Step Guide to Reviewing Your SLED Catch Record

You should never walk into a job interview without knowing exactly what is on your record. You can run your own SLED check in a matter of minutes by following these steps.

Step 1: Visit the Official SLED CATCH Portal

Navigate to the official state website operated by the South Carolina Law Enforcement Division, Columbia. Do not use third-party scam websites that charge inflated fees. You will need your exact name, date of birth, and Social Security number.

Step 2: Pay the Search Fee

The state charges a mandatory fee of $25 (plus a small convenience fee) to run a name-based background check. You can pay this securely using a standard credit or debit card.

Step 3: Review Arrests and Dispositions

The resulting document will list every arrest associated with your name and fingerprints in South Carolina. Pay close attention to the 'Disposition' column. It should clearly state whether you were 'Convicted', found 'Not Guilty', or if the charge was 'Dismissed/Nolle Prosequi'.

Step 4: Dispute Any Inaccuracies

If you see a charge that was legally expunged, or a conviction that belongs to someone else with the same name, you must dispute it. Under S.C. Code Regs. § 73-24, you can resolve inaccuracies by appearing at SLED CJIS headquarters to submit an Individual Request for Criminal Record Review, or by forwarding certified copies of court dispositions and signed expungement orders directly to SLED.

Private Employers vs. Government Contractors

The depth of a background check depends entirely on who is hiring you. A private retail store or restaurant in Charleston running a standard SLED check will see your state-level convictions. However, if you are applying for a job with a government contractor-such as working at the Savannah River Site, a military base, or in a public school-the employer will require a fingerprint-based federal background check. Federal checks pull data from the FBI's NCIC database, which means they will see crimes committed in other states and potentially even expunged records depending on the security clearance level required.

The FCRA 7-Year Lookback Rule for Arrests Without Convictions

When private employers use third-party background screening companies to interpret your SLED data, those companies must comply with 15 U.S.C. § 1681c. Under the FCRA, private background screeners are legally prohibited from reporting arrests that did not lead to a conviction if the arrest is more than 7 years old. However, this 7-year rule does not apply to criminal convictions. In South Carolina, a conviction (whether a felony or misdemeanor) can remain on your private background report forever, unless you successfully have it expunged or pardoned. The precedent in Spokeo, Inc. v. Robins, 578 U.S. 330 (US Supreme Court 2016) emphasizes that consumers have the right to sue background check companies that willfully report inaccurate or legally restricted data.

How to Answer 'Have You Ever Been Convicted?' on Applications

Navigating the 'checkbox' on an application is stressful. If the question asks, 'Have you ever been convicted of a felony or misdemeanor?' and you have a conviction, you generally must answer 'Yes'. Lying on an application is grounds for immediate termination when the SLED check eventually exposes the truth. However, if your charge was dismissed through PTI, or if you were found not guilty, you have not been convicted, and you can legally answer 'No'. If you have a formal expungement order signed by a judge, South Carolina law allows you to legally state that the arrest never happened.

How Much Does a Background Check Dispute Cost?

Running your own check and disputing errors is generally affordable:

• SLED CATCH Search Fee: Exactly $25 per name search.
• Dispute Costs: Disputing an error directly with SLED is generally free, but you may need to pay local courts around $5 to $10 to obtain certified copies of your actual case disposition to prove SLED's database is wrong.
• Attorney Fees for FCRA Lawsuits: If a private background check company illegally ruins your job prospects by reporting a 10-year-old dismissed arrest, consumer protection lawyers will often take your FCRA lawsuit on a contingency basis, meaning you pay $0 upfront.

How Long Does a Correction Take?

If you submit undeniable proof (like a certified court document) that your SLED record is inaccurate, the state agency typically updates your CATCH file within 2 to 4 weeks. If you are disputing a third-party background check under the FCRA, the company has exactly 30 days to conduct a reasonable investigation and correct the error.

Frequently Asked Questions (FAQ)