Employers in Mississippi use background checks to minimize risks and make informed hiring decisions. These checks provide insights into a candidate’s criminal history, education, employment background, driving records, and other relevant information.

Mississippi employers often rely on employment background checks to assess a candidate’s qualifications, experience, and suitability for a role. However, complying with the federal and state laws governing background check usage can be complex. This guide outlines the Mississippi state background check process, the types of information revealed, and key compliance considerations for HR teams.

What Is a Mississippi Background Check?

A Mississippi background check gathers information from public records, such as criminal and motor vehicle records, and details from previous employers and educational institutions. Employers and organizations can choose from a variety of screening options based on their specific needs and the requirements of the position.

Typical background checks include criminal history searches, employment and education verification, motor vehicle records checks, and professional license verification. Reviewing the results of a Mississippi state background check helps employers confirm the accuracy of job application information, screen for potential risks, and ensure a safer workplace.

What Shows Up on a Mississippi Background Check?

The information revealed during a Mississippi background check depends on the type of screening conducted. Certain positions, such as those in healthcare, daycare, nursing homes, and elder care, may require state and national criminal background checks, including fingerprinting. However, juvenile court records and expunged criminal records do not appear in Mississippi background checks.

Here’s what different types of background screenings may include:

• Criminal background checks: Explore a candidate’s criminal history, including arrests and convictions for felonies or misdemeanors.
• Driving record checks (MVR): Provide information such as license status, class type, moving violations, DUI charges, and citations.
• Education verification: Confirms academic credentials, such as schools attended, dates of attendance, and degrees earned.
• Employment verification: Verifies previous work history, including job titles, employers, and employment dates.
• Reference checks: Offer more in-depth insights into a candidate’s work-related skills and attributes.
• Credit checks: Show a candidate’s payment history, collections, and bankruptcies, typically used for financial roles.
• Drug testing: Identifies the presence of controlled substances, often required for positions related to public safety or mandated by law.

How Long Does a Background Check Take in Mississippi?

The duration of a background check in Mississippi varies based on the scope of the search and the screenings conducted. Employers conducting checks internally must retrieve information from sources like court records, county clerks, and state agencies, which can be time-consuming.

Partnering with a Consumer Reporting Agency (CRA) like Identify Background Checks can speed up the process. CRAs have streamlined access to public records, databases, and court records, resulting in faster, more accurate outcomes.

How Far Back Does a Background Check Go in Mississippi?

The timeframe covered by a Mississippi background check depends on the type of check and whether it is performed by a CRA or internally. Mississippi does not have specific state or local laws limiting the lookback period for criminal background checks. However, if a CRA is used, employers must follow the federal Fair Credit Reporting Act (FCRA).

The FCRA limits reporting of arrest records and non-convictions to seven years. Additionally, civil suits, judgments, and accounts in collections are subject to a seven-year lookback period, while bankruptcies can be reported for up to 10 years. For positions with salaries of $75,000 or more, these FCRA restrictions do not apply. Employment and education verifications are not subject to time limitations.

Motor vehicle record reports in Mississippi typically cover the previous three years.

How to Get a Mississippi Employment Background Check

Mississippi employers can either conduct background checks themselves or hire a qualified CRA to manage the process. The Mississippi Public Records Act generally allows access to public records, but not all records are available online.

For example, while the State of Mississippi Sex Offender Registry can be searched online, other records, such as motor vehicle records, must be requested by mail. A name-based criminal records check requires candidate consent and may take up to 30 days.

Using a background check provider like Identify Background Checks simplifies the process. CRAs have access to accurate data and ensure compliance with FCRA regulations, helping employers make well-informed hiring decisions.

How Much Does a Mississippi Background Check Cost?

Costs for a Mississippi background check vary depending on the screenings conducted and whether the employer performs them internally or uses a CRA. Identify Background Checks offers background check packages starting at $10.00. Conducting an MVR check directly costs $11, and a Mississippi criminal background check costs $32. Partnering with a CRA can help employers save both time and money by streamlining multiple checks.

Mississippi Background Check Laws

Mississippi does not have a statewide “ban-the-box” law, meaning employers can inquire about a candidate’s criminal record at any stage of the hiring process. However, several state laws govern the use of criminal records and background checks.

• Mississippi Code § 99-19-71: Allows individuals to petition for the expungement of certain non-violent felonies and first-time misdemeanors, making them non-disclosable to employers.
• Mississippi Code § 71-7-5: Permits employers to require drug and alcohol testing as a condition of employment, provided applicants are informed in writing.
• Mississippi Code § 3-27.1: Requires candidates for school positions to undergo fingerprint-based criminal background checks.
• Mississippi Code § 11-55-1.5.2: Mandates background checks for childcare facility staff and household residents.
• Fair Credit Reporting Act (FCRA): Employers must provide written notice and obtain consent before conducting a background check. If adverse action is taken based on the report, the employer must follow the FCRA’s guidelines.

By adhering to these laws and working with a CRA, Mississippi employers can conduct background checks efficiently and in compliance with federal and state regulations.