South Carolina § 40-57-115 - Criminal background checks required for initial applicants and licensure renewals.
Full text of South Carolina South Carolina Code of Laws § 40-57-115 — Criminal background checks required for initial applicants and licensure renewals., with citation guidance and answers to common questions.
§ 40-57-115. Criminal background checks required for initial applicants and licensure renewals.
In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for licensure as an associate, broker, broker-in-charge, property manager, and property manager-in-charge, the commission shall require initial applicants and applicants for licensure renewal to submit to a state fingerprint-based criminal records check, to be conducted by the State Law Enforcement Division (SLED); a national criminal records check, supported by fingerprints, by the FBI; and a social-security-number-based criminal records check from a source approved by the commission. Costs of conducting a criminal records check must be borne by the applicant. The commission shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as necessary to support the administrative action.
HISTORY: 2014 Act No. 258 (S.75), SECTION 1, eff June 9, 2014; 2016 Act No. 170 (S.1013), SECTION 1, eff January 1, 2017; 2017 Act No. 60 (H.3041), SECTION 1, eff July 1, 2020; 2021 Act No. 25 (H.3664), SECTION 1, eff April 26, 2021; 2024 Act No. 204 (H.4754), SECTION 3, eff May 21, 2024.
Editor's Note
2020 Act No. 127, SECTION 1, provides as follows:
"SECTION 1. SECTION 5 of Act 60 of 2017 is amended to read:
"This act takes effect on July 1, 2020, and with respect to license renewals is only applicable to renewals initially due after June 30, 2020."
Effect of Amendment
2016 Act No. 170, SECTION 1, substituted "salesperson" for "salesman".
2017 Act No. 60, SECTION 1, amended the section, requiring background checks for licensure renewals and requiring the background checks to be fingerprint-based.
2021 Act No. 25, SECTION 1, in the first sentence, substituted "; a national criminal records check, supported by fingerprints, by the FBI; and a social security number-based criminal records check from a source approved by the commission" for ", and a national criminal records check, supported by fingerprints, by the FBI".
2024 Act No. 204, SECTION 3, in the first sentence, substituted "an associate" for "a salesman", and made a nonsubstantive change.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 40-57-115
What does South Carolina Code of Laws § 40-57-115 cover?
Section 40-57-115 ("Criminal background checks required for initial applicants and licensure renewals.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 40-57-115?
A common citation format is "South Carolina Code of Laws § 40-57-115" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 40-57-115 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.