Mississippi State Background Check

What may be reported on a Mississippi Department of Public Safety Criminal History Search?

• Jurisdiction where record is recorded
• Case number
• Defendant
• Charge
• Filing date
• Degree of offense, such as misdemeanor
• Disposition
• Disposition date
• Sentence

Restrictions and Regulations

Mississippi has several laws and ordinances that restrict or regulate how criminal background checks can be conducted or used when they pertain to hiring. Employers should be aware of these restrictions before ordering a Mississippi background check through backgroundchecks.com. We have summarized the most pertinent regulations below to help you educate yourself before conducting a state criminal background check.

Accessing Conviction Records

There is no law against employers accessing a job candidate’s criminal conviction records if those records have not been legally expunged. However, there are a few steps employers must take before conducting a Mississippi state background check. First, a signed consent form or court order is necessary to access Department of Public Safety criminal records. Second, all state criminal screenings are fingerprint-based checks to ensure the highest level of accuracy and reliability. Employers should be ready to comply with these requirements before ordering a Mississippi background check.

Arrest Records

Employers in Mississippi are not barred from inquiring about or using arrest records in hiring decisions. However, state databases make it impossible to access arrest records for any arrests that did not result in a conviction. The exception is if the arrest record led to a prosecution which is ongoing. Equal employment and human rights advocates are strongly critical of using arrest records for hiring purposes since they do not prove guilt. Because using arrest records to make employment decisions can lead to discrimination claims and other costly legal issues, backgroundchecks.com excludes arrest information from all background searches, this Mississippi state background check included.

Ban the Box

Mississippi has no laws or ordinances—on the state, county, or city level—that prohibit employers from asking questions about criminal history on job applications or in interviews. Mississippi has an “anti-ban-the-box” law which prohibits any law, ordinance, or rule that might limit an employer’s ability to learn about a candidate’s background. Unless this law is repealed or overturned, employers in Mississippi will not be subject to any ban the box practices.