Accessing Criminal Records
In Mississippi, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers are not allowed to ask about or consider arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges. 
Mississippi has an expungement law that allows first offenders with misdemeanor convictions can ask the court to expunge their records. In addition, individuals who have first convictions for the following felonies can ask the court to expunge their records after five years have elapsed since they completed the terms and conditions of their sentences:
- Passing bad checks
- Simple possession of a controlled substance or drug paraphernalia
- False pretenses
- Larceny
- Shoplifting
- Malicious mischief
Only one expungement is allowed. Expunged convictions will not be reported and those who have had an expungement can answer that they do not have any convictions under this law. However, the law expressly states that employers can ask applicants whether they have any expunged convictions.
Ban the Box Policies – Mississippi
Mississippi does not have any state, municipal or county ban-the-box laws prohibiting employers from asking applicants about their criminal history on their applications or during interviews.
