Mississippi Background Check Laws (2026 Guide)

Last verified: March 2026. This page reflects current Mississippi Code, federal FCRA provisions, and pending 2026 legislation.

Table of Contents

• Overview of Mississippi Background Check Laws
• Employment Background Checks in Mississippi
• Ban the Box Status in Mississippi
• Lookback Periods and the FCRA
• Healthcare and Childcare Background Checks
• Education Employee Background Checks
• Housing and Tenant Screening
• Professional Licensing Background Checks
• Criminal Records Access in Mississippi
• Firearms Background Checks
• Expungement of Criminal Records
• EEOC Guidance and Disparate Impact
• Frequently Asked Questions
• Sources and References

Overview of Mississippi Background Check Laws

Mississippi takes a minimal approach to regulating background checks at the state level. Unlike states such as California, New York, or Illinois, Mississippi has not enacted broad statutes governing how private employers, landlords, or licensing boards must handle criminal history information during screening.

For most private-sector employment decisions, Mississippi defers to federal law. The Fair Credit Reporting Act (FCRA) sets the primary rules when employers use third-party consumer reporting agencies to conduct background checks.

Where Mississippi does regulate background checks more strictly is in specific sectors. State law mandates fingerprint-based criminal history checks for healthcare workers, childcare employees, and public school personnel. These checks run through the Mississippi Criminal Information Center (MCIC) and the FBI's national database.

Mississippi also lacks its own state fair housing act, relying instead on the federal Fair Housing Act for tenant screening standards. The state does not impose any restrictions on how far back a criminal background check can reach beyond what federal law requires.

Employment Background Checks in Mississippi

General Private Employment

Mississippi does not have a comprehensive state law governing employment background checks for private-sector employers. There is no state statute requiring employers to conduct background checks, nor is there a state law that broadly restricts when or how private employers may inquire about an applicant's criminal history.

When a private employer in Mississippi uses a consumer reporting agency (CRA) to run a background check, the employer must follow the federal FCRA. Under the FCRA, employers must provide written notice to the applicant that a background check may be conducted. The applicant must give written consent before the check proceeds.

If the employer decides to take an adverse employment action based on the results, the FCRA requires a two-step process. First, the employer must send the applicant a pre-adverse action notice that includes a copy of the consumer report and a summary of the applicant's rights. Then, after waiting a reasonable period, the employer may send the final adverse action notice.

At-Will Employment Context

Mississippi is an at-will employment state. This means employers can generally decline to hire an applicant for any reason that does not violate federal anti-discrimination laws. In practice, this gives Mississippi employers broad discretion in how they weigh criminal history during hiring decisions.

However, this discretion is not unlimited. Federal protections under Title VII of the Civil Rights Act and EEOC enforcement guidance still apply to Mississippi employers with 15 or more employees.

Ban the Box Status in Mississippi

Current Law

As of March 2026, Mississippi does not have an active Ban the Box law for either public or private employers. The state has not enacted legislation that restricts when employers may ask about an applicant's criminal history during the hiring process.

Pending Legislation: HB 201 (2026)

House Bill 201, introduced in the 2026 Regular Session of the Mississippi Legislature, is titled the "Donald J. Trump Ban-the-Box Act." This bill, if enacted, would apply only to public employers in Mississippi.

Under HB 201, a "public employer" is defined as the State of Mississippi and any office, department, agency, division, bureau, commission, board, institution, hospital, college, university, airport authority, or other instrumentality of the state.

The bill would prohibit public employers from asking an applicant to disclose criminal history information until the applicant has signed an appropriate waiver authorizing release, is being considered for a specific position, and has received an interview.

Key provisions of HB 201 include:

• Public employers must evaluate criminal history based on whether the offense is reasonably related to the duties of the position sought
• Employers must consider the degree of rehabilitation demonstrated by the applicant
• An arrest that did not result in a conviction cannot be used to disqualify an applicant from public employment
• The employer must inform the applicant of a potential adverse decision and provide an opportunity to demonstrate inaccuracy in the background check report
• The law would not apply to positions that legally require criminal history checks, including jobs involving direct interaction with minors or the elderly

If passed, HB 201 would take effect on July 1, 2026. The bill does not affect private employers.

Previous Attempts

Mississippi legislators have introduced Ban the Box bills in previous sessions. SB 2342 in 2023 and HB 486 in 2023 proposed similar restrictions for public employers. None of these earlier bills were enacted into law.

Lookback Periods and the FCRA

No State Lookback Limit

Mississippi has not enacted a state law that limits how far back a background check can reach. This means that, in the absence of federal restrictions, a background check in Mississippi can potentially report criminal history records from any time period.

Federal FCRA Restrictions

When a consumer reporting agency conducts the background check, the federal FCRA imposes a seven-year lookback limit on certain types of records for positions with an annual salary under $75,000:

• Arrests that did not result in conviction: Cannot be reported if older than seven years
• Civil suits and civil judgments: Cannot be reported if older than seven years
• Paid tax liens: Cannot be reported if older than seven years
• Accounts placed for collection: Cannot be reported if older than seven years

Critically, criminal convictions have no time limit under the FCRA. A consumer reporting agency can report a conviction regardless of how long ago it occurred, no matter the salary level.

For positions with an annual salary of $75,000 or more, the seven-year FCRA restrictions on non-conviction records do not apply.

Practical Impact

Because Mississippi has no additional state-level restrictions, employers using CRAs will see:

• All criminal convictions, regardless of age
• Non-conviction records (arrests, dismissed charges) from the past seven years for positions under $75,000
• All records for positions paying $75,000 or more

Employers conducting their own checks without a CRA are not bound by FCRA reporting limits, though they remain subject to EEOC guidance on the use of criminal history.

Healthcare and Childcare Background Checks

Mississippi Code 43-11-13: Healthcare Facilities

Mississippi law requires criminal history record checks for employees who provide direct patient care or services at licensed healthcare facilities. Under Mississippi Code Section 43-11-13, this requirement applies to all new employees hired on or after July 1, 2003, and to employees hired before that date who have documented disciplinary actions.

The process requires applicants to be fingerprinted. Fingerprints are submitted to the Mississippi Department of Public Safety, which checks state records through the Mississippi Criminal Information Center. If no disqualifying record is found at the state level, the fingerprints are forwarded to the FBI for a national criminal history record check.

Disqualifying Offenses

An applicant is ineligible for employment at a licensed healthcare facility if the background check reveals a felony conviction, guilty plea, or plea of nolo contendere for any of the following offenses (unless reversed on appeal or pardoned):

• Possession or sale of drugs
• Murder or manslaughter
• Armed robbery
• Rape or sexual battery
• Any sex offense listed in Mississippi Code Section 45-33-23(h)
• Child abuse
• Arson
• Grand larceny
• Burglary
• Gratification of lust
• Aggravated assault
• Felonious abuse or battery of a vulnerable adult

Childcare Facilities

The Mississippi State Department of Health (MSDH) processes background checks for all Mississippi-licensed childcare facilities. The Comprehensive Background Check unit handles these checks at a cost of $50.00 per applicant.

Childcare facilities must comply with Mississippi Code Section 43-20-8, which establishes similar disqualifying offenses and requires both state and national criminal history checks through fingerprinting.

Confidentiality

Under Mississippi law, criminal history record check information obtained through this process cannot be disseminated except as required to fulfill the purposes of the background check statute.

Education Employee Background Checks

Mississippi Code 37-9-17: School Employees

Mississippi requires fingerprinting and criminal background checks for all new hires in public school districts, including both licensed educators and non-instructional employees. Under Mississippi Code Section 37-9-17, school superintendents and private firms contracted to provide substitute teachers must obtain current criminal records checks and child abuse registry checks.

The process follows the same framework as healthcare checks. Applicants are fingerprinted, and prints are submitted to the Department of Public Safety for state-level screening and then forwarded to the FBI for national checks.

Disqualifying Offenses for School Employees

The list of disqualifying felony convictions for school employment mirrors the healthcare list:

• Possession or sale of drugs
• Murder or manslaughter
• Armed robbery
• Rape or sexual battery
• Sex offenses listed under Section 45-33-23
• Child abuse
• Arson
• Grand larceny
• Burglary
• Gratification of lust
• Aggravated assault

Fees

The fee for fingerprinting and criminal history record checks cannot exceed $50.00. The applicant typically pays this fee, though the State Board of Education, local school board, or a private staffing firm may choose to cover the cost on behalf of the applicant.

Charter School Employees

Under Mississippi Code Section 37-28-49, charter school employees are also subject to criminal history record checks and fingerprinting requirements. A charter school may terminate an employee based on certain disqualifying offenses revealed through the background check process.

Housing and Tenant Screening

No State-Level Restrictions

Mississippi does not have a state law that restricts how landlords use criminal history information when screening tenants. Unlike states such as New Jersey, Oregon, or Colorado, Mississippi has not enacted "fair chance housing" legislation.

Landlords in Mississippi can conduct criminal background checks on prospective tenants, and they can consider criminal history as part of their screening criteria. There is no state-imposed limit on how far back a landlord may look into an applicant's criminal record.

Consent Requirements

While Mississippi does not restrict the scope of tenant screening, landlords must obtain the prospective tenant's consent before running a background check. This is a requirement under the federal FCRA when the landlord uses a consumer reporting agency.

Application Fees

Mississippi does not cap rental application fees. Landlords may charge any amount they choose for the application and screening process. There is no requirement that application fees be refundable.

Federal Fair Housing Protections

Mississippi does not have its own state fair housing act. Landlords must follow the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability.

The U.S. Department of Housing and Urban Development (HUD) has issued guidance stating that blanket bans on renting to anyone with a criminal record may violate the Fair Housing Act if such policies have a disparate impact on protected classes. Landlords should apply screening criteria consistently and evaluate criminal history on a case-by-case basis.

Professional Licensing Background Checks

Healthcare Professional Licensing

The Mississippi State Department of Health oversees professional licensing for various healthcare roles. The MSDH Professional Licensure division administers background checks as part of the licensing process.

The Mississippi Board of Nursing requires fingerprint-based criminal background checks for all nurse licensure applicants. Only fingerprints and comprehensive background checks performed through the Mississippi Board of Nursing are accepted for nursing license applications.

Other Licensed Professions

The Mississippi State Board of Medical Licensure requires background checks for physician licensing. Various other professional boards in Mississippi also require criminal history checks as a condition of licensure, including boards governing:

• Pharmacy
• Dental practice
• Real estate
• Law enforcement certification

Each licensing board may have its own set of disqualifying offenses and evaluation criteria.

Criminal Records Access in Mississippi

Public Records Law

Under Mississippi Code Section 25-61-3, criminal records in Mississippi are generally considered public records. Members of the public can request access to criminal history information through the proper channels.

Mississippi Criminal Information Center

The Department of Public Safety Criminal Information Center (CIC) maintains Mississippi's criminal records. The CIC serves as the state's primary conduit for information exchange with the FBI's National Crime Information Center (NCIC) system.

The CIC does not offer an online portal for public criminal records searches. To obtain a criminal record, you must complete a Release Background Authorization Form and submit it with a $32 money order and a copy of a state-issued ID to the Mississippi Bureau of Investigation.

Restrictions on Misdemeanor Disclosure

Mississippi Code Section 25-1-109 prohibits law enforcement agencies from disclosing the identity of a person arrested, cited, or held for a misdemeanor. These records remain confidential unless the person is formally charged and arrested for the crime.

Processing Time

Background checks processed through the Department of Public Safety may take up to 30 days to complete.

Firearms Background Checks

Licensed Dealer Sales

Mississippi is not a point-of-contact state for the National Instant Criminal Background Check System (NICS). Firearms dealers in Mississippi conduct background checks directly through the FBI rather than through a state agency.

All purchases from licensed firearms dealers require the buyer to complete ATF Form 4473 and pass a NICS background check. Mississippi does not impose any additional state-level requirements or waiting periods beyond the federal check.

Private Sales

Mississippi does not require background checks for private, individual-to-individual firearms transfers. Private sales between individuals can proceed without a background check, permit, or registration.

Both parties in a private sale remain subject to federal law, which prohibits selling firearms to individuals who are known to be prohibited from possessing them.

Expungement of Criminal Records

Current Expungement Law

Under Mississippi Code Section 99-19-71, Mississippi allows expungement of certain criminal records through a petition process.

Misdemeanor expungement: First-time offenders convicted of a non-traffic misdemeanor may petition the court for expungement. The petition can be filed immediately after completing all terms and conditions of the sentence.

Felony expungement: Individuals with a first felony conviction may petition for expungement, but they must wait five years after completing all terms and conditions of the sentence. Only one felony conviction may be expunged.

Offenses That Cannot Be Expunged

Mississippi law excludes numerous serious offenses from expungement eligibility. Convictions for the following crimes cannot be expunged:

• Murder and manslaughter
• Aggravated assault
• Kidnapping
• Arson
• Burglary of a dwelling
• Robbery and carjacking
• Rape and sexual battery
• Child abuse and child exploitation
• Human trafficking
• Drive-by shooting
• Shooting into a dwelling
• Gratification of lust and voyeurism

Impact on Background Checks

Once a record is successfully expunged, it should not appear on standard background checks. An expunged record is removed from public records, and the individual may legally state that the conviction does not exist for purposes of employment applications and other inquiries.

Proposed Clean Slate Legislation

In 2024, multiple bills were introduced in the Mississippi Legislature to create automatic expungement processes. HB 801 proposed automatic expungement of eligible misdemeanor convictions after seven years and eligible felony convictions after ten years. SB 2610, titled the "Mississippi Clean Slate Act," proposed automatic expungement for certain minor misdemeanors after seven years.

None of these Clean Slate bills were enacted into law as of March 2026. Expungement in Mississippi still requires filing a petition with the court.

EEOC Guidance and Disparate Impact

Federal Enforcement Guidance

Even without state-level regulation, Mississippi employers must be aware of the EEOC's Enforcement Guidance on the Consideration of Arrest and Conviction Records in employment decisions under Title VII.

The EEOC has found that blanket criminal record exclusion policies can have a disparate impact on the basis of race and national origin. National data shows that criminal record exclusions disproportionately affect certain racial groups, even when applied uniformly.

Individualized Assessment

The EEOC recommends that employers conduct individualized assessments when considering criminal history. This means evaluating:

• The nature and gravity of the offense
• The time that has passed since the offense or completion of the sentence
• The nature of the job held or sought

Employers who use this individualized assessment framework are better positioned to defend their hiring decisions against disparate impact claims.

Application to Mississippi

Mississippi falls within the Fifth Circuit Court of Appeals. Employers in the state should retain written documentation of their criminal history evaluation criteria and the basis for individual hiring decisions. Automatic disqualification policies based solely on the existence of a criminal record carry significant legal risk under Title VII.

Sources and References

• EEOC Enforcement Guidance on Arrest and Conviction Records - U.S. Equal Employment Opportunity Commission
• FTC: Employer Background Checks and Your Rights - Federal Trade Commission
• Background Checks: What Employers Need to Know - U.S. Equal Employment Opportunity Commission
• Mississippi Code Section 43-11-13 - Healthcare Facility Background Checks
• Mississippi Code Section 37-9-17 - Education Employee Background Checks
• Mississippi Code Section 99-19-71 - Expungement of Criminal Records
• Mississippi Code Section 37-28-49 - Charter School Employee Background Checks
• Mississippi Department of Public Safety Criminal Information Center - Criminal Records Access
• Mississippi State Department of Health Background Checks - Healthcare and Childcare Facility Checks
• HB 201 (2026 Regular Session) - Donald J. Trump Ban-the-Box Act
• NCSL: Ban the Box - National Conference of State Legislatures
• Background Check Procedures in Mississippi - Giffords Law Center (Firearms)
• FBI NICS - National Instant Criminal Background Check System