Mississippi Background Check: State Laws & Screening Options
A background check is an essential tool for verifying a person’s history. It ensures safety and integrity in various contexts, especially in employment. In Mississippi, these checks can include reviews of criminal records.
They also cover driving history, past employment and education. This article will explore how to conduct a background check in Mississippi. It will discuss the law, types of checks, the processes involved, and more!
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Get StartedWhat Is a Mississippi Background Check?
A Mississippi state background check is a thorough investigation into a person’s history. It uses info from public records to determine someone’s suitability for a given position.
You can expect to see details about criminal activity, driving records, past employers, and schools. The checks are crucial for informed hiring. A comprehensive check also guarantees a safe workplace.
Employers select different types of background screenings. The company tailors the check to specific job roles or organizational needs. This way, they can confidently verify candidate qualifications.
What Are the Background Check Laws in Mississippi?
Understanding background checks in Mississippi is essential for lawful hiring practices. Below are key federal and state laws governing background checks in the state.
Mississippi Code § 16-1-1.15.4
Mississippi Code § 16-1-1.15.4 outlines regulations requiring health screenings for employees in diverse healthcare settings. Statute 16-1-1.15.4 ensures the protection of everyone in this space.
Mississippi Code § 71-7-5
Mississippi Code § 71-7-5 outlines the requirements for drug and alcohol testing in the workplace. It is not related to criminal background checks. Employers can test current and potential workers.
Fair Credit Reporting Act (FCRA)
The FCRA is a federal law enforced by the Federal Trade Commission. It governs how employers nationwide conduct background checks. The FCRA sets standards for accuracy, fairness, and privacy in consumer reports.
Mississippi Code § 99-19-71
Mississippi Code § 99-19-71 deals with the expungement of criminal records. It specifies the conditions under which a person can have their criminal record expunged, meaning it would not show up on a background check.
One example applies to first offenders. They can ask the court to remove misdemeanor convictions from their files. Understanding this code is crucial for those looking to clear their records and improve their employment prospects.
Mississippi Code § 3-27.1
Mississippi Code § 3-27.1 pertains to requesting a criminal background check on job applicants for employment within the educational sector in Mississippi.
Institutions must follow these rules. They use them to judge applicants’ suitability based on their criminal records. The code’s main goal is to improve safety in schools. It does this by screening job applicants for past crimes that might pose a risk.
Mississippi Code § 11-55-1.5.2
Mississippi Code § 11-55-1.5.2 is a set of state laws that governs Mississippi background checks for personnel in childcare facilities. It discusses regulations for criminal record checks.
Some of the requirements include fingerprinting and checks against the Child Abuse Central Registry. It also includes screening for sex offender records.
These checks are required to keep children safe. They align with state regulations in Title 15 of the Mississippi Administrative Code.
Local Mississippi Fair Hiring Laws
Mississippi does not have statewide “ban-the-box” laws or specific fair hiring laws. The state follows federal fair hiring practices as mandated by the Equal Employment Opportunity Commission (EEOC).
Mississippi employers must follow federal rules. These include the Fair Labor Standards Act (FLSA) and Title VII of the Civil Rights Act. These laws ban discrimination on the basis of race, color, religion, sex, national origin, age, disability, or genes.
Employers must keep employment and payroll records for at least three years. Some local areas, such as Harrison County or Hinds County, may have other regulations to protect applicant’s rights.
How Do I Get a State Background Check in Mississippi?
Getting a state background check in Mississippi is easier than you might think. Just remember to follow all the federal and state laws along the way. Here’s a step-by-step guide:
- Identify Your Needs: Determine the specific type of background checks required for the position. Make sure you inform the applicant of your intentions. You will also need a release form to show they consent to the screening.
- Collect Information: Gather necessary details such as the applicant’s full name, date of birth, and social security number.
- Choose a Service Provider: Opt for a reputable provider like the Mississippi Department of Public Safety or other licensed agencies.
- Submit the Application: Complete the required forms and turn them in along with any necessary fees. You can do this online, by mail, or in person.
- Fingerprinting (if needed): For some positions, you may be required to submit your fingerprints for processing by the Federal Bureau of Investigation (FBI). To complete this, visit a designated fingerprinting location.
- Wait for Results: Processing times can vary, but generally, it takes up to 30 days.
What Shows Up on a Mississippi Background Check?
A Mississippi background check can reveal a lot. Let’s get into the common types and what they typically show:
Criminal Background Check
Many employers will request a pre-employment screening to assess criminal involvement. The report will show conviction records and arrest records for felonies and misdemeanors.
Mississippi criminal background checks are crucial for roles requiring a high level of trust and security. However, take note that an employer cannot ask about criminal records at the onset of the hiring process.
Employment Verification
Employment history is an essential component of the pre-employment background check process. It confirms a candidate’s job history. What were you like as a former employee of those companies? That’s what Mississippi employers are trying to discover.
A detailed record includes prior employers, job titles, and dates of employment. Overall, it helps when employers are making hiring decisions.
Drug Testing
Drug testing checks for the presence of controlled substances. If a potential employee cannot pass this test, they will be seen as unfit for the role.
It’s especially important for jobs that impact public safety. Think about roles like law enforcement or commercial driving.
Education Verification
Education background checks a candidate’s academic credentials. It covers schools attended, dates of attendance, various training, certifications, degrees earned and more.
Jobs like teachers, counselors, and other public sector roles that require specific educational qualifications will want to verify your foundational knowledge.
Civil Court Searches
Civil court searches reveal civil litigation involving the candidate. The background check report will include court records, lawsuits, and judgments.
Essentially, these types of background checks inform employers about non-criminal convictions.
Credit Background Checks
Credit checks offer a thorough look at a candidate’s financial history. The reviews include their credit score, payment history, collections, and bankruptcies. These background checks are often used for roles involving financial responsibilities.
Driving Record Checks
Driving records provide info about a candidate’s license status. A driving file also contains any moving violations, DUIs, and other traffic offenses. An employer will surely want this check for jobs that involve driving a motor vehicle.
How Far Back Does a Background Check Go in Mississippi?
In Mississippi, background checks are governed by the Fair Credit Reporting Act (FCRA). This law typically limits the seven-year lookback period for positions paying under $75,000. Information like arrests that did not result in convictions are different. Offenses like those will not get reported if they are older than seven years.
For higher-paying positions, exceptions to the seven-year rule may apply. Bankruptcy information can also date back ten years. Employers need to adhere to these regulations to prevent legal complications. Compliance also assures equal treatment of job applicants.
How Long Does a Background Check Take in Mississippi?
The turnaround time for background checks in Mississippi can vary. In general, it usually takes up to 30 calendar days. Various factors can influence this timeframe. Some considerations are the complexity of the check and the responsiveness of institutions.
Online criminal history checks may be completed more quickly. Comprehensive checks involving manual record searches and employment verifications can take longer. Clear communication with job applicants about the expected duration helps ensure a smooth hiring process.
How Much Does a Background Check in Mississippi Cost?
Obtaining a background check in Mississippi involves various costs. An online criminal history check through the Mississippi State Department of Health costs $30 per report. Name-based background checks from the Mississippi Department of Public Safety are $32 each.
Fees vary depending on the type of background check required and the agency conducting it. Employers should be aware of these costs and budget accordingly.
Where to Get a Background Check in Mississippi?
You can get a Mississippi state background check through the Department of Public Safety. You’ll have access to official state and national criminal history checks.
Online services like Truthfinder, InstantCheckMate, and Been Verified offer extensive checks. Some options include criminal, employment, and education histories tailored to your needs.
For more specialized scans, employers can use professional background check companies. Services like drug testing, credit checks, and driving record verifications are available. Local law enforcement agencies and courthouses also provide access to public records.
Best Background Check Sites
Finding reliable screening services is important for making informed decisions in Mississippi. Below are the trusted websites to run background checks, highlighting their pros and cons.
- TruthFinder – Best for in-depth reports
- Instant Checkmate – Best for quick searches
- BeenVerified – Best for wide-ranging data
TruthFinder is highly regarded for providing comprehensive and in-depth background reports. It is a reliable service for those needing detailed information on individuals in Mississippi.
The platform combines data from numerous public records. That way, users have a thorough understanding of a person’s background. It is particularly useful for those who need regular updates and detailed insights.
Pros
- Provides extensive details, including criminal records, contact information, and social media profiles
- User-friendly interface
- Regular updates and alerts on searched individuals
Cons
- Subscription-based service
- Some information may require additional verification for accuracy
- Non-FCRA compliant
Star Rating
/ 5.0
Instant Checkmate is known for its fast and efficient background searches. It offers a convenient option for quickly accessing a variety of public records in Mississippi. Users can find information ranging from criminal records to contact details in a short amount of time. The platform is speedy and easy to use, making it ideal for quick searches.
Pros
- Quick access to search results
- Includes a wide range of data like criminal records, addresses, and phone numbers
- Mobile-friendly interface for searches on the go
Cons
- Requires a subscription for full access
- Some users report occasional inaccuracies in data
- Non-FCRA compliant
Star Rating
/ 5.0
BeenVerified offers a wide-ranging data search, so it’s a versatile choice for background checks in Mississippi. The service aggregates data from multiple sources. In the end, it provides an exhaustive overview of an individual’s background.
The service covers criminal records, property records, and social media information. It is particularly suitable for users who need an all-in-one background check solution.
Pros
- Comprehensive data, including criminal records, property records, and social media information
- Easy-to-use platform with a straightforward search process
- Offers mobile apps for convenient access
Cons
- Subscription fees may be high for infrequent users
- Some information may be outdated or incomplete
- Non-FCRA compliant
Star Rating
/ 5.0
Final Note on Mississippi Background Check
Knowing the applicable laws for background checks in Mississippi is important, as these rules ensure compliance and safety. The insights provided by these background screenings help maintain high standards of integrity and security across various areas of life.
However, always use reputable services, stay informed about the legalities, and remember that compliance with state and federal regulations helps protect all parties involved.
Disclaimer: Some background check sites are just for personal use and conducting basic people searches. Others, such as those used by potential employers, must comply with the Fair Credit Reporting Act (FCRA). This law limits the types of information you can find on other people. If you’re an employer or landlord using a background check for professional purposes, be sure to choose a site that’s FCRA compliant. Using a people search site that doesn’t comply with the FCRA to screen potential tenants, domestic workers or employees is illegal.
The information available on our website may not be 100% accurate, complete, or up to date, so do not use it as a substitute for your own due diligence, especially if you have concerns about a person’s criminal history. The services we mention do not make any representation or warranty about the accuracy of the information available through our website or about the character or integrity of the person about whom you inquire. For more information, please review each service’s Terms of Use.
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