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Employers in Mississippi can reduce risks and make informed hiring choices through the use of background checks. These checks furnish details about a candidate’s criminal background, educational background, employment history, driving records, and other pertinent information.
Several employers rely on Mississippi employment background checks to evaluate candidates’ qualifications, experience, and suitability for a position. Yet, ensuring compliance with federal and state regulations governing background check usage can pose challenges. This guide elucidates the process of Mississippi state background checks, the information they reveal, and the essential knowledge human resources teams must possess to adhere to applicable hiring laws.
Information gathered through a Mississippi background check is sourced from public records like criminal and motor vehicle records, along with details from previous employers and educational institutions. This process aids in assessing a job candidate’s suitability for a role. Employers and organizations have the flexibility to select from various background screening options based on their specific needs or the position’s requirements.
Typical background checks encompass searches into criminal history, verification of employment and education, checks on motor vehicle records, and validation of professional licenses. Evaluating the findings of a Mississippi state background check enables employers to confirm the accuracy of information provided on job applications or resumes, screen candidates to minimize risks, and foster a safer work environment.
What Shows Up On A Mississippi Background Check?
The information revealed in a Mississippi employment background check varies depending on the types of searches conducted. Certain positions in Mississippi, such as those in healthcare, daycare, nursing homes, and elder care, necessitate fingerprint- and name-based state and national criminal background checks. However, juvenile court records and expunged criminal records do not appear on Mississippi background checks.
Here’s a breakdown of what different background screenings may entail:
- Criminal background checks delve into a candidate’s criminal history, potentially including arrest records and convictions for felonies or misdemeanors.
- Driving record checks, also known as motor vehicle record (MVR) checks, disclose information such as license status, class type, moving violations, DUI charges, and citations. DUI charges related to operating a vehicle may also surface in criminal records. This check is commonly employed for positions requiring driving.
- Education verification validates a candidate’s academic credentials, encompassing details like schools attended, dates of attendance, and degrees obtained. Employers often utilize this screening for roles mandating specific degrees or educational backgrounds.
- Employment verification confirms a candidate’s previous work history, encompassing job titles, employers, and dates of employment.
- Reference checks furnish more comprehensive insights into a candidate’s work-related strengths and weaknesses, soft skills, and other personal attributes compared to employment verification.
- Credit checks provide a candidate’s credit report, detailing payment history, collections, and bankruptcies. In cases where permitted by law for employment purposes, credit checks may be more prevalent for roles involving financial responsibilities.
- Drug testing identifies the presence of controlled substances, including illicit and prescription drugs. This screening is frequently conducted for positions impacting public safety, such as law enforcement, or where mandated by law, such as commercial trucking.
How Long Does A Background Check Take In Mississippi?
The duration of a background check in Mississippi can vary based on factors such as the extent of the search, the types of screenings conducted, and the entity performing the check. When employers handle Mississippi background checks internally, it typically involves soliciting information from various sources of public records, including court records, county clerks, and state agencies like the Mississippi Driver Service Bureau and the Mississippi Department of Public Safety, which maintains criminal records. Additionally, other screenings such as employment verifications and reference checks may necessitate direct communication with former employers, which can be time-consuming for a busy HR team.
Collaborating with a reputable consumer reporting agency (CRA) such as Rapid Hire Solutions can streamline the pre-employment background check process. Rapid Hire Solutions’ expertise and access to public records, databases, and court records enable faster and more accurate results.
How Far Back Does A Background Check Go In Mississippi?
The timeframe covered by a Mississippi state background check varies depending on the type of check conducted and whether the employer engages a Consumer Reporting Agency (CRA) or conducts the screening internally.
Generally, there are no state or local regulations dictating the timeframe for a Mississippi criminal background check. However, employers collaborating with a CRA must adhere to the federal Fair Credit Reporting Act (FCRA). Under the FCRA, reporting of arrest records and non-convictions is limited to a seven-year lookback period during criminal history checks for employment. In Mississippi, individuals have the option to petition for the expungement of certain misdemeanors and felonies, including arrest records and convictions, from their criminal records. Expunged records do not surface in background checks. Additionally, juvenile or “youth court” records are typically sealed and inaccessible without a court order.
The FCRA also imposes a seven-year lookback period for civil suits and judgments, paid tax liens, and accounts in collections. Bankruptcies have a lookback period of up to 10 years. However, FCRA lookback limits may not apply when candidates are seeking positions with salaries of $75,000 or higher. Employment and education history do not have FCRA-imposed limitations on lookback periods. Motor vehicle records reports in Mississippi typically cover the preceding three years.
How To Get A Mississippi Employment Background Check
Employers in Mississippi have the option to either directly search records themselves or enlist the services of a qualified background check provider to manage the process on their behalf. According to the Mississippi Public Records Act § 25-61-2, public records are generally accessible to the public, with some exceptions.
While certain Mississippi background checks, like the State of Mississippi Sex Offender Registry, can be conducted online, not all records are available digitally. Requests for motor vehicle records must be made via mail, and obtaining a name-based criminal records check through the Mississippi Department of Public Safety involves the candidate completing a release form and awaiting results, which can take up to 30 days.
Utilizing an experienced background check provider can significantly streamline the process. Accredited Consumer Reporting Agencies (CRAs) have access to accurate and comprehensive data sources, enabling them to swiftly gather background check information. For instance, Rapid Hire Solutions employs a nationwide network of professional court runners to efficiently obtain records from courthouses. Moreover, partnering with an FCRA-compliant CRA ensures adherence to relevant laws and regulations, providing employers with the confidence to make well-informed hiring decisions.
How Much Does A Mississippi Background Check Cost?
The expenses associated with a Mississippi state background check can fluctuate based on the type of screenings conducted and whether the employer conducts them independently or engages a Consumer Reporting Agency (CRA). For instance, Rapid Hire Solutions offers background check packages starting at $29.99. In contrast, conducting a single Mississippi MVR check directly incurs a cost of $11, and each Mississippi criminal background check carries a fee of $32. Collaborating with a CRA capable of efficiently handling various background checks and conducting screenings in bulk can provide employers with both time and cost savings.
Mississippi Background Check Laws
Mississippi currently lacks statewide or local ban-the-box laws. Therefore, employers in Mississippi retain the right to inquire about a candidate’s criminal record at any stage of the hiring process, including on the job application. Nonetheless, other pertinent laws govern criminal records and background checks in Mississippi.
MISSISSIPPI CODE § 99-19-71
This statute enables individuals to petition for the expungement of certain non-violent felony convictions from public records five years after fulfilling all terms and conditions of their sentence. First-time offenders convicted of misdemeanors, excluding traffic violations, can also seek expungement of their conviction from public records. Moreover, individuals can petition for expungement of arrests that didn’t lead to charges, were dropped, or were dismissed.
Once expunged, candidates need not disclose these convictions when asked about their criminal history by employers or on job applications. However, employers are entitled to inquire if a candidate has had an order of expunction entered.
MISSISSIPPI CODE § 71-7-5
Employers in Mississippi may mandate job applicants to undergo drug and alcohol screenings as a condition of employment application. Refusal to undergo the test or a confirmed positive result can serve as grounds for denying employment. While conducting drug and alcohol tests is optional for employers, those opting for such tests must adhere to Mississippi Code § 71-7-3, which entails notifying applicants in writing about potential drug testing requirements upon job application. Applicants may also be required to sign a statement acknowledging receipt and understanding of this notice.
MISSISSIPPI CODE § 3-27.1
This legislation mandates candidates for positions within any school or department under the Mississippi Department of Education’s jurisdiction to undergo a fingerprinting criminal background check. Candidates can be hired before the background check, provided they sign a statement acknowledging that disqualifying results may lead to immediate dismissal.
MISSISSIPPI CODE § 11-55-1.5.2
Childcare facilities, including licensed home-based facilities, must conduct fingerprint criminal records, sex offender registry, and child abuse registry checks on all potential employees and household residents. While individuals can commence work before the background check’s completion, they cannot be left unattended with children until confirmed suitable for employment by the Mississippi State Department of Health.
MISSISSIPPI CODE § 16-1-1.15.3
Hospitals, nursing homes, personal care homes, home health agencies, hospices, and healthcare staffing firms must conduct fingerprint criminal records checks on new employees providing direct patient care. Employers must also verify with the relevant professional licensing agency for any disciplinary actions against the candidate. Candidates can be employed and provide direct patient care pending the background check’s results. Disqualifying records will nullify employment offers or contracts.
FAIR CREDIT REPORTING ACT (FCRA)
Employers utilizing a Consumer Reporting Agency (CRA) for Mississippi employment background checks must adhere to the FCRA. This federal law necessitates employers to notify candidates in writing of their intent to conduct a pre-employment background check and obtain written consent before proceeding. Furthermore, if an employer decides not to hire a candidate based on information in a background screening report, they must follow the adverse action process as mandated by the FCRA.
County Resources
Below are additional resources offering detailed insights into relevant laws and public records in some of Mississippi’s major counties:
DESOTO COUNTY
DeSoto County, named after the Spanish explorer Hernando De Soto, boasts a population of 170,890 individuals, with prominent sectors including healthcare, retail, and transportation. Situated on Mississippi’s northwestern border, DeSoto County is recognized as part of the Memphis metropolitan area. Key cities within the county include Southaven, Olive Branch, and Horn Lake.
Public Information & Records
County Resources
ALACHUA COUNTY
Situated in the north-central region of Florida, Alachua County is renowned for its abundance of natural attractions. With a population of 278,468 residents inhabiting 875 square miles, the county encompasses diverse landscapes and environments. Its largest city, Gainesville, serves as the home of the University of Florida, a significant employer within the area.
Public Information & Records:
The city of Gainesville has a ban-the-box law.
HARRISON COUNTY
Harrison County, known for its coastal living and spanning over 60 miles of shoreline, is home to approximately 198,570 residents. With water covering more than 400 of its 976 square miles, Gulfport, the largest city, serves as the state’s primary port, connecting with the Gulf of Mexico. The county’s major industries include healthcare and hospitality, with nine hospitals and abundant outdoor recreational opportunities for visitors.
Public Information & Records
HINDS COUNTY
As the most populous county in Mississippi, Hinds County is home to around 244,596 residents across 877 square miles. Its principal city, Jackson, doubles as the state capital and extends into neighboring Rankin County. Healthcare, retail, and education, owing to several colleges and universities, are the primary industries in Hinds County.
Public Information & Records
JACKSON COUNTY
Named after former President Andrew Jackson and bordering Alabama to the east, Jackson County is the largest county in Mississippi, covering 1,043 square miles, 321 of which are water. Its principal cities include Pascagoula, Gautier, and Ocean Springs, with manufacturing, healthcare, and retail serving as the primary employers for its 140,850 residents.
Public Information & Records
RANKIN COUNTY
Rankin County, characterized by a blend of rural and urban landscapes, is among Mississippi’s fastest-growing regions. Spanning 806 square miles, it offers residents diverse outdoor activities such as national forests, reservoirs, and rivers. Jackson, the largest city (partly in Hinds County), alongside healthcare, retail, and manufacturing, are the major employers in Rankin County.
Public Information & Records
Get An Alabama Background Check Today
Pre-employment background checks play a vital role in enabling employers to make well-informed assessments of both candidates and prospective volunteers. Partnering with a reputable screening provider specializing in background checks, such as Rapid Hire Solutions, can streamline the process for employers while ensuring compliance with relevant regulations. Rapid Hire Solutions offers a range of screening options tailored to suit the needs of various employers and positions, with customizable packages available. Start the process today by initiating an Alabama background check with Rapid Hire Solutions.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws