[UPDATE] How Did South Carolina’s Criminal Record Report Process Change?

Key Takeaways

• Data Removal: The South Carolina Judicial Branch has removed defendant addresses from public court record access.
• DOB Limitations: The state previously reduced visible Date of Birth (DOB) detail to just the "year of birth," which significantly limits the identifiers used for confident matching.
• Impact on Screening: Fewer identifiers can increase manual review, impact turnaround time, and reduce the ability to report certain records (specifically some lower court records).
• DISA’s Response: DISA has implemented additional review and research steps to maintain accuracy and responsible reporting for clients.
• Client Action: If you have South Carolina screening needs, DISA can recommend the most reliable approach based on role risk and hiring timelines.
   

Recent changes to the availability of public records in South Carolina have altered the landscape for background screening: The South Carolina Judicial Branch has implemented restrictions that limit the personal identifiers available in court data, which directly affects the process for a South Carolina background check.

Here’s what specifically changed and why it matters for your background screen process.

What Changed in South Carolina Criminal Record Reporting?

The primary change stems from the South Carolina Judicial Branch’s decision to limit the data visible on public court indices, in two ways:

1. Removal of Addresses: The courts recently removed defendants’ addresses from public access.
2. Limited DOB Visibility: In addition, the state had previously reduced defendants' Date of Birth (DOB) visibility to only show their Year of Birth (YOB).

The net result is a significant reduction in the unique identifiers available for criminal record report matching. When a common name is combined with a lack of specific address or full DOB, the process of confirming that a record belongs to a specific candidate becomes much more complicated.

How Do Fewer Identifiers Affect a Background Screen?

Professional background screeners investigate beyond a simple name match: they cross-reference multiple data points (typically name, DOB, and address) to verify that a record belongs to the applicant and not to someone else with the same name.

The Challenge of "Matching"

When identifiers are decreased, the risk of ambiguity increases. For example, finding a record for "John Smith, born in 1990" without a specific month, day, or street address makes it difficult to distinguish between the candidate and other individuals with similar demographics.

When data is restricted, consumer reporting agencies like DISA must exercise extreme caution, which often results in the following unintended consequences:  

• An increase in "possible matches" that require human intervention.
• Additional research steps to find secondary verification sources.
• Cautious reporting decisions to prevent the misattribution of a criminal record to an innocent individual.

How Will These Changes Impact Background Check Turnaround Time and Reporting Scope?

The reduction in identifiers has two immediate downstream effects for employers ordering a criminal background check:

1. Increased Manual Review: Because automated systems cannot confidently match records based on partial data (like Year of Birth only), more records must be pulled for manual review. This human-led research is necessary to maintain accuracy but can extend the time it takes to finalize a report.
2. Potential Reporting Limitations: In some instances, specifically with lower court records where data is often sparse, it is now much harder to verify records with any degree of certainty. In these cases, to protect the employer from liability, unmatched records may not be reported.

What is DISA Doing to Help Clients Navigate the Changes?

DISA has proactively adjusted its workflows to accommodate the South Carolina Judicial Branch’s updates, with a focus on maintaining the integrity of our background screen results despite the loss of data points:

• Enhanced Review Workflow: DISA has allocated additional resources to the manual review of South Carolina records.
• Communication: DISA provides appropriate updates to clients to support awareness and informed planning.
• Responsible Reporting: DISA prioritizes accuracy and compliance with the FCRA and all applicable regulatory requirements.

Action Steps for Employers Hiring in South Carolina

To minimize disruption to your hiring process, DISA recommends the following actions:

• Expect Occasional Delays: Anticipate that some South Carolina searches may require additional review time.
• Plan Ahead: Adjust your hiring timelines for roles based in or recruiting from South Carolina.
• Consult Your Account Manager: If you have high-volume hiring in the region, contact your background screening account managers to design a screening program that complies with the new regulations while delivering the results you need.

Frequently Asked Questions (FAQ) South Carolina Background Screening Updates

What changed in South Carolina’s criminal record reporting?

The South Carolina Judicial Branch removed defendant addresses from public indices and had previously limited DOB visibility to Year of Birth only. This new regulation reduces the identifiers available to match records to candidates.

Why does removing addresses and limiting DOB details matter?

Background screeners use these unique identifiers to distinguish between people with similar names. Without them, it is harder to confirm if a criminal record belongs to your specific candidate.

Will the South Carolina changes delay my background screen?

Potentially. The lack of data means automated matching is less effective, which can often trigger a manual review process to verify identity. This can extend turnaround times for some results.

Can these changes affect what records are reportable?

Yes. If a record cannot be sufficiently matched to a candidate due to missing identifiers, it may be omitted from the criminal record report to ensure accuracy and prevent false reporting.