An Employer’s Guide to Mississippi Background Checks

If you’re an employer or recruiter in the state of Mississippi, you’ve come to the right place. Learning how to use background checks to your advantage during the hiring process is an excellent way to build a team of workers you are proud to represent.

Building a trustworthy, hardworking group of employees is an essential part of running a business. If you are looking to add new members to the team, now is a great time to learn about the benefits of implementing proper background checks before offering employment.

Below, we dive into the crucial details of what these background checks are used for, as well as some essential guidelines you need to follow to ensure you remain compliant and adhere to the necessary rules and regulations set out by the state.

Employers across industries may benefit from utilizing these helpful tools throughout the hiring process. Here’s how.

What Is a Mississippi Background Check?

Taking a deeper look into background checks, some employers may not fully understand why these reports are so helpful. The hiring process can be stressful for both candidates and recruiters, so adding in another step may seem daunting.

That being said, the pros far outweigh the cons, and conducting these checks may help to save you and your company time and money by building a strong, resilient, and trustworthy workforce from the start.

Generally speaking, most employers will benefit from conducting background checks on potential job candidates as they approach the decision-making process. Numerous types of background checks can be performed, including name-based searches and fingerprint-based searches, each providing a different level of information.

Mississippi background checks are generally used to provide employers with information about a candidate's criminal history, as well as other records such as employment history, education, driving history, and any other relevant information on record.

Background checks conducted in the state of Mississippi may be administered by third-party screening services. Still, they must adhere to state and national laws to ensure the protection of potential candidates undergoing the search.

These reports, as a whole, are heavily regulated because they involve the collection of personal information. As an employer, it is your responsibility to understand the rules and regulations governing these checks to ensure you follow best practices.

What Does a Background Check Show in Mississippi?

Background checks are ultimately designed to help employers and recruiters gather pertinent information to make informed decisions throughout the hiring process. The information collected in these background checks is intended to supply employers with an adequate understanding of the applicant and their background as it pertains to the role they are applying for. 

Many types of background checks can be conducted, though some of the more common records pulled from basic checks include: 

●    Criminal Offenses - Convictions reported through the Mississippi Administrative Office of the Courts will appear on background checks conducted within the state database. Felony and misdemeanor charges are generally included in this level of search, though a fingerprint-based check may be required to fully reveal all arrest records. The use of criminal records in employment decisions is subject to applicable federal and state laws including FCRA requirements and relevant anti-discrimination guidance. Employers should evaluate such information on a case-by-case basis and ensure it is job-related and consistent with business necessity.

●    Employment and Education Verifications - One of the best uses of background checks is to cross-reference the information supplied on an applicant's resume. Interviewing a candidate is one thing, but verifying employment, education, and experience is another. This critical aspect of background checks allows you to confidently move forward with an applicant who was truthful and honest about the experience and background they bring to the table.

●     Social Security Number Trace. The Social Security Trace (SSN Trace) verifies a candidate’s Social Security Number, legal name, aliases and past addresses. SSN traces rely on non-confidential credit header information collected when a social security number is used for credit purposes. This information helps guide county-level criminal record searches when included. It is not a credit check – no credit scores are used, and no inquiry is made on the candidate’s credit report. 

●    Driving Records - If included within the scope of the background report, a Motor Vehicle Report (MVR) searches the state of Mississippi Department of Public Safety (DPS) to verify the status of the provided driver’s license information and identify any driving-related violations or reported accidents. The report outlines the type of license held by the candidate, along with any endorsements. The scope of results returned covers 7-10 years of driving history. 

How Far Back Does a Mississippi Background Check Go?

In the state of Mississippi, some criminal offenses and related records may appear on a background check without a defined lookback period, subject to applicable federal and state reporting limitations. Records that have been legally expunged or pardoned are generally excluded from reporting. 

Some of the more specialized industries, like healthcare and childcare, require a more in-depth search of potential hires, meaning the reports pulled will typically provide a broader view of an individual's past.

How Long Does a Mississippi Background Check Take?

As mentioned above, there are many types of background checks an employer may conduct depending on the job they are hiring for. The type of background check conducted will ultimately determine how long it takes to receive the finalized report, though there are general timelines for when you can expect the results. 

For basic, name-only searches, employers may receive a finished report within five business days. This timeframe allows a statewide search to be conducted and will return results directly related to the name of the individual undergoing the check.  

In some cases, employment background checks may take longer as they require a more in-depth search of a chosen candidate. Some employers may also request a fingerprint-based search, which can extend the timeframe for results up to three weeks.  

Conducting the background check is the first step in the process. Once the employer and the candidate have received the information, the candidate may contest any information they deem incorrect. This process of disputing a report can also add time.

Mississippi Background Check Laws & Requirements

The laws and requirements regarding background checks enacted in the state of Mississippi are designed to protect the privacy of candidates and ensure they are protected from unjust discrimination in the hiring process.  

These laws are also designed to provide employers and recruiters with a clear set of guidelines for conducting background checks, promoting fair hiring practices, and establishing consistent, regulated procedures across all areas of employment.  

Adhering to applicable laws (including but not limited to the below) is essential for maintaining fair and compliant hiring practices.

Fair Credit Reporting Act (FCRA)

All employers and recruiters in the state of Mississippi are required to follow the Fair Credit Reporting Act. This nationwide law is heavily enforced, and employers need to be aware when conducting background checks on their job candidates.  

This law strictly governs how employers obtain information supplied in a background check. To comply with this law, employers are required to provide a written disclosure to any applicant before running a background check, and they must obtain the applicant's consent before the process.  

The FCRA helps to ensure that an applicant’s privacy is protected and that they are aware that a potential employer will review their information.

No Criminal History Inquiry Limitation

Unlike most states across the country, Mississippi is one of the few that does not enact a strict “Ban the Box” policy. Without this protection in place for potential hirees, employers have the right to inquire about an applicant’s criminal history during the application and interview process.

 There have been discussions about enacting this type of protection for job candidates, though there hasn’t been any concrete movement toward implementing it in the hiring process. While employers are likely in the clear to inquire about a candidate's criminal history, it is important to note that some fair-chance policies in public-sector jobs discourage such practices.

Criminal History Requirements for Healthcare Workers

Throughout the state, certain professions require more in-depth background checks of potential employees to ensure that standards are upheld within specialized fields of practice. 

Mississippi is one of many states that require fingerprint-based criminal history checks for candidates for healthcare jobs and other similar direct-care roles. These in-depth checks are designed to ensure that individuals being hired are qualified for the role and do not have any outstanding criminal charges that would legally disqualify them from practicing within the profession.