A state-based criminal search retrieves criminal histories from a state’s database or repository. State checks are useful for broadening the scope of a pre-employment background check because counties and jurisdictions from all over the state typically report information into these centralized repositories. The Mississippi Department of Public Safety’s Criminal Information Center’s statewide criminal history database is searched as part of a Mississippi background check.
Law enforcement and numerous other organizations in Mississippi use an official background check to learn about a person’s criminal history. Employers, financial institutions, and landlords can all use the official background check.
Although it cannot be used for official purposes, an unofficial background check can help you learn more about friends, relatives, neighbors, enemies, co-workers, classmates, romantic inclinations
Employers in Mississippi can confirm a candidate’s previous employment, education, and any criminal convictions that disqualify them through employment background checks. This procedure can assist employers in maintaining a secure working environment for their staff and clients while defending themselves from potential liability.
Background Checks for Employment in Mississippi
Background checks are permissible for hiring purposes in Mississippi for employers. Any employer may demand a criminal history record check, but they are not required to make the applicant foot the bill.
Department of Health – Before being hired, volunteers and job applicants must go through a federal and state fingerprint-based background check.
Railroad – Before beginning work, every railroad employee must pass a background investigation based on fingerprints.
Jobs involving the handling of money require both a credit history check and a background investigation based on fingerprints.
Employers in Mississippi are permitted to consider driving records, credit histories, and criminal histories when making employment decisions; however, this practice is restricted by federal laws enforced by the Equal Employment Opportunity Commission.
Mississippi Employment Background Check Laws
Employers must follow both federal and state laws if they plan to conduct background checks in Mississippi. The laws that apply are briefly summarized below.
Federal Regulations on Background Checks for Employment
Act on Fair Credit Reporting (FCRA)
The FTC (Federal Trade Commission) is responsible for enforcing the FCRA, a federal law. This law safeguards the confidentiality, truthfulness, and equity of background data collected, maintained, and disclosed by consumer reporting agencies (CRAs) such as backgroundchecks.com, freebackgroundchecks.com, backgroundchecks.org, https://national-employment-screening.com, iprospectcheck.com, as well as how employers may use it.
Before conducting background checks, employers must give written notice to applicants that they plan to do so and get their signed consent. The FCRA requires employers to follow the adverse action procedure before deciding whether to hire an applicant after a background check turns up information about a criminal conviction.
The 1964 Civil Rights Act’s Title VII
Federal law that is enforced by the Equal Employment Opportunity Commission (EEOC) is Title VII of the 1964 Civil Rights Act. Due to their membership in protected groups, applicants and employees cannot be discriminated against under this law.
When a background check for employment reveals information about a criminal history, Title VII is applicable.
Before an employer can decide not to hire an applicant based on this type of information, the employer must first individually assess the conviction as it relates to the open position.
Mississippi State Laws on Background Checks for Jobs
Expungement of Specific Felony or Misdemeanor Convictions
Expungement laws can be found in Mississippi at Miss. Code 99-19-71. First-time offenders with misdemeanor convictions are eligible to request the court to seal their records under this law.
After five years have passed since they’ve finished serving their sentences under the terms of their first convictions for the following felonies, offenders may also ask the court to have their records expunged:
- Pass erroneous checks
- A controlled substance or drug paraphernalia in plain sight
- Falsified claims
- Harmful mischief
Expungements are limited to one per person. Convictions that were expelled won’t be disclosed. Those who have had their convictions expunged may respond that they are not subject to this law’s conviction requirements.
The law explicitly states, however, that employers are not forbidden from inquiring about applicants’ expunged convictions.
There is no Ban-the-Box legislation
Mississippi does not have any local, county, or state laws that forbid employers from requesting information about applicants’ criminal histories from job applicants or during interviews.
Mississippi Background Check for Employment Outcome
Depending on the specific types of reports you ask for, different information may show up on a background check for employment in Mississippi. The majority of employers in the region inquire about the criminal histories, prior employment histories, and educational backgrounds of their applicants.
When hiring candidates for driving positions, employers also inquire about the applicants’ driving histories. Most also demand drug tests before hiring.
The following information may be found during a background check for prospective employees:
- Misdemeanor and felony convictions that aren’t expunged
- Unresolved criminal cases
- Verdicts following arrests
- Registration as a sexual offender
- Education history
- Employment background
- Location history
- Including a person on the Domestic Terrorist Watch List
Read on to learn more about the kinds of data that may be included in some of these reports.
Report on Criminal History
The following details will be disclosed about each conviction if an applicant has one or more non-expunged convictions:
- Violation date
- Category of offense
- Strength of the offense (felony or misdemeanor)
- Date of disposition
It won’t show up if the applicant has had a conviction expunged.
Report Verifying Education
The following information about each institution an applicant has attended will be included in an education verification report:
- Each school’s name and location where it was attended.
- When you attended each school
- Any awards of degrees, certificates, or diplomas
You can verify applicants’ claims about the institutions they attended and any degrees or diplomas they claim to possess through education verification.
Report on Employment Verification
The following types of information about an applicant’s work at each of their previous employers will be included in an employment verification report:
- Locations and names of all previous employers
- Employment dates
- Titles and positions held
These are the tips you need to keep in mind on a Mississippi background check. Observing them will help you avoid breaking law associated with background checks in the state.