South Carolina
South Carolina
Final grade: D-
Exclusion Grade
C-
Relevance Grade
F
Due Process Grade
D
Areas of Improvement
- Ban boards from using vague standards like “moral turpitude” or “fitness” to disqualify applicants.
- Require evidence of rehabilitation when considering applicants.
- Strengthen safeguards for due process by requiring a petition process and placing the burden of proof on the state.
South Carolina receives a D for its middling protections for ex-offenders seeking licenses. The state at first appears to have a strong relevancy test, barring boards from denying licenses unless the criminal record “directly relates” to the license sought. Unfortunately, this test is immediately swallowed by a loophole that lets boards disqualify applicants if they are “unfit or unsuited to engage in the profession or occupation,” a far lower standard.
Exclusion
| Overarching ban on blanket bans | Yes |
| Ban on considering arrest records | No |
| Ban on considering post-conviction relief records | No |
| Time limit | No limit |
| Ban on vague, discretionary character standards | No |
Relevance
| Relationship between the crime and the license sought | "Unfit or unsuited" |
| Required factors for consideration | |
| Rehabilitation | No |
| Time elapsed since crime was committed | No |
| Age when crime was committed | No |
| Employment History | No |
| Testimonials | No |
Due Process
| Petition Process | No |
| Burden of Proof | Both unspecified |
| Right to appeal | Yes |
| Written notice requirement | Yes |