South Carolina § 40-1-140 - Prior criminal convictions of applicants.

§ 40-1-140. Prior criminal convictions of applicants.

(A)(1) A professional or occupational board may not deny a license to an applicant solely because of a prior criminal conviction, unless the criminal conviction directly relates to the duties, responsibilities, or fitness of the occupation or profession for which the applicant is seeking a license.

(2) Notwithstanding any other provision in a professional or occupational licensing practice act regulated by this chapter, professional and occupational boards are prohibited from using vague or generic terms including, but not limited to, "moral turpitude" or "good character", and from considering charges that have been dismissed, nol prossed, or adjudicated with a finding of not guilty as a justification for denying an applicant a license.

(B) An applicant who has submitted a completed licensing application may not be denied a license because of the applicant's prior criminal conviction, unless the applicable professional or occupational licensing board has given the applicant an opportunity to appear at an application hearing to determine the applicant's fitness for the occupation or profession. The application hearing must be scheduled for the next available application hearing date for that board.

(C) If a board denies an applicant's license solely or in part because of the applicant's prior criminal history, then the board must issue a written final order within thirty days following the date of the application hearing. The written order shall include:

(1) the grounds for the denial; and

(2) that the final order is appealable to the Administrative Law Court pursuant to Chapter 23, Title 1.

HISTORY: 1996 Act No. 453, SECTION 2; 2023 Act No. 13 (H.3605), SECTION 4, eff May 8, 2023.

Editor's Note

2023 Act No. 13, SECTION 1, provides as follows:

"SECTION 1. This act may be cited as the 'Earn and Learn Act of 2023'."

Effect of Amendment

2023 Act No. 13, SECTION 4, rewrote the section, prohibiting the denial of a license based solely or in part on a prior criminal conviction in certain circumstances.