At-a-Glance Compliance Overview

State Mini-FCRA Laws

Mississippi does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Mississippi does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing / Expungement

Mississippi provides mechanisms for expungement of certain criminal records.

Relevant statutes include:

Miss. Code Ann. §99-19-71 – Expungement of certain convictions
Miss. Code Ann. §99-15-26 – Expungement following non-adjudication (dismissed or non-conviction cases)

Eligible individuals may petition to expunge:

• certain misdemeanor convictions
• certain non-violent felony convictions (limited eligibility)
• arrests or charges not resulting in conviction under specific conditions

Expunged records are removed from public access and generally will not appear in routine employment background checks.

Fair Chance / Ban-the-Box Law

Mississippi has not adopted a statewide ban-the-box law applicable to private employers.

Private employers may:

• inquire about criminal history at any stage of the hiring process
• include criminal history questions on initial job applications

No state or local timing restrictions apply.

Credit Check Rules

Mississippi does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis Use and Drug Testing Rules

Mississippi permits medical marijuana use, but does not require employers to accommodate marijuana use in the workplace.

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment or positive drug tests

Mississippi law does not provide broad employment protections related to marijuana use.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in Mississippi.

Pay Equity and Salary History Rules

Mississippi does not maintain a statewide salary history ban or pay transparency law affecting private employers.

Employers must comply with federal anti-discrimination laws governing compensation.

Key Statutes

• Expungement (Convictions) – Miss. Code Ann. §99-19-71
• Expungement (Non-Adjudication) – Miss. Code Ann. §99-15-26

Employer Compliance Checklist

Employers conducting background checks in Mississippi should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Ensure expunged records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Evaluate use of credit information for job-relatedness and compliance with employment laws.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.